Company Change -- Pl. help me

S

sajyra

Registered Users (C)
I am working on H1 with a company "A" for last four years. My GC is in final stage (replied to a medical RFE in 11/2002).
This company "A" was splitted into two seperate firms about 2 years back (due to management problems) and formed another company "B" ("A" still exists). I was transfered physicall to company "B" but legally I am employed with company "A" due to the fact that my GC is half-way through with them. Sofar, these two companies are in good faith with each other. Also, my lawyer belongs to company "A". Starting Jan 1st, company "B" wants me on their payroll. They already processed my first 15 days payroll (without even transfering my H1 and having a word with me). Unfortunately, I have n't applied for EAD as my H1 is valid for another one year with "A". (Its my mistake)

Currently I am asking "B" to hold on for a while until I get my GC. But I am not sure if that works. I know "B" cannot process my payroll (but they did) without either transfering my H1 or applying for EAD. They were thinking that I already had my EAD. :confused: Is it possible to transfer my H1 and apply EAD through "B" or it has to be through "A" only..

Guys, what are the options for me if I need to move legally to company "B". My client is still same and I have been drawing same salary in both cases. Hope I explained my scenariao.

Thanks and please help me !!
 
AFAIK, U can have a GC processed by a company for which u'r not working. So the company 'A' can still continue u'r GC processing.

Abt u geting onto 'B's payroll, may be illegal without either H1 or EAD. Ask company 'B' to file for u'r H1 and start working for them. Also if u don't have H4 issues then it is better off working on EAD since it will avoid the hassle of getting out-status. But the downside with EAD is that u need to renew it every yr, which is not bad. It is like buying insurance!!!!.

Also apply for EAD asap to have a backup too.

U'r case could get tricky incase u get an RFE. There are lot of previous messages that have discussed how to overcome this problem. So pls search the archived message for more info.
 
Thanks priyagc

My wife does n't have H4 (Her H4 has expired longtime back and "A" has applied for EAD which has also expired recently. We have n't renewed as she does n't have plans to work currently). Will she be status if I transfer my H1 to "B". I will take your word and apply for EAD right away.

I have n't followed you quite well how we can continue our GC if I leave "A" !!

Please clarify me.. Also, can I apply for EAD after I join with "B" (by transfering H1)
 
My company got split after filing for I485.
My company filed for appended I140 and got it. this was last year.
This year they merged 2/3 companies and changed name. They said no need to do anything since it is more than 180 days since I485 was filed and will/can use AC21.

But I had EAD right from begining and recently got the EAD renewed too.

Lot of people do one big mistake, they avoid getting EAD when they have valid H1. Personally I feel Apply EAD along with I485, even if you have 2 or 3 years of valid H1.

1) I would suggest apply for EAD.
2) see if your employer is ready to keep you on vacation till you get EAD.
3) ask to stop paying right now.

it is matter 4 - 6 weeks for getting the EAD. Generally no problem in getting EAD. But make sure your photos are correct as per specification. EAD RFEs are mostly for photos. An RFE will delay your EAD approval by another 2 - 4 weeks.


if you have completed 180 days after filing I485 then you should be OK.

GOOD LUCK.
 
Thank you.
Is it necessary to stop paying ? I still have valid H1 with company "A". May be then can generate my payroll until I get EAD or H1 from company "B". They still have good terms I guess and can handle my case by working together. Today, I am going to talk to them and see what can be done..

Thanks
 
I concur with sang20874 in that you apply for EAD ASAP and use AC-21 to work for Co. B.

In the mean time you can keep working for A and have them generate your payroll. Convince them, talk to their attorney to explain them the situation. They will understand.... no body is so irrational that they won't understand.

And who knows you might get your GC approved before you get your EAD :)

Thanks,
BR
 
Thanks

I will do that. If they don't aggree then I need to switch to "B" immediately. I think EAD takes time to get. So, can we apply for transfer of H1 (I still have 1 more year) and then continue working to "B". Also, is it possible for me to still get EAD even after I switch to "B". What documents we need to apply for EAD ?

Regards
 
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