do i need to get a new H1?

R

request_help

Registered Users (C)
Hi,

I was working for company A 2years ago when they filed and I got my I-140 approved. Then, I transferred my H1 and now I am with company B. I am planning to restart my GC process. Company A is willing to file for my 485. Should I transfer back my H1 to Company A for it to apply for my 485? My understanding is GC is for future employment. Please clarify..
 
Originally posted by request_help
Hi,

I was working for company A 2years ago when they filed and I got my I-140 approved. Then, I transferred my H1 and now I am with company B. I am planning to restart my GC process. Company A is willing to file for my 485. Should I transfer back my H1 to Company A for it to apply for my 485? My understanding is GC is for future employment. Please clarify..
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Yes, GC is for future employment. You dont need to transfer your H1 to Company A, as long as you are working for Company B. But you may need to work for Company A once you have your GC.
 
Guys,

I happen to have a colleague in a similar situation where A sposors GC and works for B, after filing 485 and EAD approval his attorney told him to work for the sponsoring company A, since we have AC21 his attorney says you have to use it and work for A, not after approval and he is doing that now working for A.

This is not my advise, just sharing some info that I know. Consult your attorneys regarding this if in a similar situation.

-RM
 
Since GC is for future employment, you have to work for company A after you recieve GC. Of course, you may work for company A even before getting GC, this is not required though.
 
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