DILEMMA !!! Two employers may apply

A

AN74

Registered Users (C)
Hi,

I have one year and four months left on my H1B visa. My employer has moratorium in applying for Labor. However, they have assured me that they will try their best to apply before a year is over.

However, I am not sure they will. So I spoke with another prospective employer who is ready to sponsor GC and offered me an option to join them after I get the EAD. However, the problem is that I will not be able to extend the current H1B. Also, I don't know whether I can withdraw my GC application by other employer if my current employer goes ahead and decides to apply for GC.

Has anybody faced this situation? Can somebody comment on this?

Thanks in advance,

AN
 
Last edited by a moderator:
You can withdraw GC application at any time.

001
Originally posted by AN74
Hi,

I have one year and four months left on my H1B visa. My employer has moratorium in applying for Labor. However, they have assured me that they will try their best to apply before a year is over.

However, I am not sure they will. So I spoke with another prospective employer who is ready to sponsor GC and offered me an option to join them after I get the EAD. However, the problem is that I will not be able to extend the current H1B. Also, I don't know whether I can withdraw my GC application by other employer if my current employer goes ahead and decides to apply for GC.

Has anybody faced this situation? Can somebody comment on this?

Thanks in advance,

AN
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My 2 cents

Hi AN74,
Going through some thing like that is really painful. I wanted to throw my 2 cents here as I have already burnt my hands with a situation like this. Make sure you have an answer for each question below...

1. How credible the new company is?

*2. What if the new employer files your labor and after a year after it gets approved and you will be very happy....but, then the employer comes up with some explanation and would like to use(sell for making money) that labor for another candidate.
(You will run out of time and can't even apply for 7th year extension)

3. Can you have the option of having your own attroney for the entire process? If not, how well their attorney can co-opertae with you.

I would recommend you to convince your present company and have them start the process rather than going through a different company unless you know in and out of the future employer.
 
Thanks for your responses. I do not know much about my future employer(Infact, I had reservations and thanks to self_file for sharing your concerns. It is really something that I have not thought about.) and since my current employer is promising me for now, I guess I will continue to wait.
 
How about filling LC by current employer and at the same time let other new company file LC for you? Let the company A also file LC and request company B also to file LC and don’t inform A that B filed LC and don’t inform B that A filed LC, let both file and wait whose LC is approved first then chose the employer who files I-140 and I-485 Concurrently with EAD, AP. Your LC should be filed ASAP.
 
some thing to work on

I agree with ginuu, that is a good option and more importantly you have to file your labor ASAP. I think it is time to find out how soon your present company can start the process and this is very important for you to be eligible for 7th year extension. I have been through the exact same situation and ended up quiting my job when the company dragged the situation for 2 years saying that they would file and never did it. Your case is the same exact situation I was in at one point of time and I never want me ot any body to go through a situation like that.
So, you may really want to act very wisely and quickly on looking for an option or taking a decision here.
You may ask what was my course of action in my case......I looked for a job who is willing to do my H1-b and sponser my GC right away.
 
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