** GC is for future employment. It can be filed by a company you currently do not work for. **WhyThisDelay said:Aaah.. this is complicated. I dont know the answer to this. But here is my "guess"
Theoratcially it seems feasible since you are filing LC under new employer, but I see 3 problems with it right away:
1) In almost all the 3 stages, you are required to send copy of your W2 forms. I've seen in I140/485 forums a lot of people get investigated on their W2s. So if you use the sister company's LC approval, and in 140/485 get probed for your W2 - your W2 will have the name/tax id of your original company. My guess is that this can result in denial (although I'm not expert on I140/485 matters - so take this guess with a pinch of salt). A way to find more on this is to post this in I140/485 forums and see what people there reply.
2) With DOL/USCIS you cannot be sure when they'll change rules again. Although I'm sure people with this kind of opportunity are rare, but they might come up with a rule tomorrow that an individual can have only one application pending irrespective of old/new/future employer. If they come out and enforce this rule - you might get stuck with a LC with a 2005 PD.
3) In general this seems weired (you working for one company and filing labor on behalf of sister company which does not pay you). Do a lot of research , if possible consult a second attorney before you file another application. Be advised that EB2 is not a sure shot way to bypass retrogression. It takes more time to get cleared under PERM and will be retrogressed soon. So make informed decisions.
Good luck.
So, the 2 companies are technically different (Different tax ids). You may file GC for future employment. However, you will need to physically join them (sister company) once the GC is approved.
[But I am not sure what complications you may face since there is some sort of relation between the 2 companies. Please consult your lawyer.]