Changing to future employer after getting GC

[balaji777]

Presently I am working on H1 with company 'A'. Company applied for labor(Dec 25th 2004)..Labor approved in Oct 2007. Applied for I-140 on 19th Jan, 2008. But it is still pending.

Other side, company 'B' filed as a future employer:
PD: 9th Feb 2005(approved labor in June 2006)
I-140 filed: Sep 2006(approved in Sep 2007)
I-485 filed: 1st August 2008(receipt date)
Got EAD and AP valid upto October 2008
FP takenn Feb 2nd 2008.
As my PD is 9th Feb 2005 I will come under current.
My questions are:
1) If I get Green card, do I need to join company 'B' immediately by leaving company 'A'. Right now company 'B' is finding a project for me to work with very low salary as present market is 'SLOW'. As per forum reviews, I know minimum six months I need to work with this future GC sponser employer. But how soon I should join? If I don't join will it affect my GC?
2) On 20th August, my present employer company 'A' wants to file I-485 again. Thye know taht already company 'B' filed for me. I want to know will it lead to problems in filing 485 by two companies.
I request attorney to give an advice while looking at PD(9th Feb 2005) of my future employer.
I will be thankful to Rajiv's Forum.

 

[Jackolantern]

1) There is no rule on how soon you need to join them. However, if you did consular processing you would have a max of 6 months to enter the US to begin employment with them. If you don't join B, you need to join somebody who offers a "same or similar" job (which could be A itself). However, the "future employment" scenario can get a bit tricky to defend if you never ever worked for the sponsor, neither before nor after the GC approval, so it would be preferable to join B at some point in time, whether it is before GC approval or shortly after.

2) You can't have 2 active I-485's at the same time. Well, you sort of can for a while, but it confuses them and could cause problems. For example, one guy got his 2nd I-485 denied because of a problem with the I-140 of the employer associated with the first I-485. Or having 2 will prompt them to call you for an interview, which could delay your case. So if you file a second I-485, make sure to cancel the old one (after getting the receipt for the new one) so they won't be still looking at it and basing decisions on it.

 

[balaji777]

Thanks to Jack. I did not understand the sentence "if you did consular processing you would have a max of 6 months to enter the US to begin employment with them". I am already working with employer 'A' and I am in USA. I definitely want to shift to employer 'B' when the market improves. And as you said I will try my best to postpone second filing of I-485. As first filing got RD of August 2007, it got better chance. Please clarify for your first suggetion.

 

[Jackolantern]

Thanks to Jack. I did not understand the sentence "if you did consular processing you would have a max of 6 months to enter the US to begin employment with them".

I know you are not doing consular processing. I'm just pointing out that 6 months can be a loose (albeit speculative) guideline, because if you did CP you'd have 6 months afterwards to travel to the US to join the employer.

But the rest of your predicament seems like it is not immigration-related. You have gotten yourself mixed up in a tug-of-war with two employers, and you'll have to figure out how to juggle them so you don't lose both.