Complicated Case

[taz123]

Hi Guys ,

My case is a lot more complicated than any of you guys so I really need some helpful advice here:


1. I work for Company A which has filed my Labour from NJ in Sept. 2001

2. Since it was taking too long for Labour approvals to come through , I decided to join a Company B which already had an Approved Labour for me.

3. The Company B refused to transfer H-1 and said that they will hire me after EAD . Therefore, my lawyer submitted a letter to the INS along with my I-485 application that I plan to join Company B after my EAD

4. My EAD gets approved while I am in India in Feb. I also get married in India in Feb.

5. I do not want to switch to Company B now 'cause then I can't bring my wife over on H-4

6. My discuss this with Company B and they say that they are willing to hire me after I get my Green Card.

7. I will soon be applying for my wife's I-485

My question : Will not joining Company B after EAD amount to lying or fraud. Can the INS reject my pending I-140 / 485 on this basis.
Do I need to inform INS of the change of intent or can I just keep quiet. If I get an RFE , can i instead send them my cuuent Company A's pay stubs and a letter from Company B that I will join them after the GC approval. The only caveat here is that Company A's salary is lower than the salary promised by Company B and mentioned in the Labor.

Please advise.

Thanks .

 

[pv2002]

taz,

remember that you can always have someone file your GC. GC has nothing to do with who u are currently working for.

but once u get the GC you should work for that company for sometime atleast to prove that your application was not a fraud as the assumption in a employment based GC process is that it was your special skills that were needed and hence the GC.

so for now you should be OK. stay with employer A until you hear from INS on your GC. If they call u for an interview before the stamping they might ask you about your working with A but then you could say that you will work for B once the GC is done.

also just to be sure call a laywer for consultation and verify this.

Cheers!!!!!