Filing I 140/485 with sub LC

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longawaitedlc

Registered Users (C)
Hi, I would need suggestion here for filing I 140/485 with sub LC. I am on H1B work for company A, my H1B ends on Aug 2004 with pending LC for more than 2 & 1/2 yrs. Applying for 7th yr on pending LC from company A.

But company B has a approved LC. My question is can i use approved LC substitue for filing I 140 & 485 with no H1B of company B as a future employment and continue to work for company A ? Does i need need to be on company's B payroll after filing I 140/485? I am not sure how it works. Please would appreciate your response in this matter.

Thanks in advance
 
longawaitedlc said:
Hi, I would need suggestion here for filing I 140/485 with sub LC. I am on H1B work for company A, my H1B ends on Aug 2004 with pending LC for more than 2 & 1/2 yrs. Applying for 7th yr on pending LC from company A.

But company B has a approved LC. My question is can i use approved LC substitue for filing I 140 & 485 with no H1B of company B as a future employment and continue to work for company A ? Does i need need to be on company's B payroll after filing I 140/485? I am not sure how it works. Please would appreciate your response in this matter.

Thanks in advance
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You can file 140/485 thru B - no issue. You need not join B till you get your GC done as GC is for future job.
 
longawaitedlc said:
Jharkandi, What abt H1B for company B? Should i need to apply a H1B for the company B before i could file for I-140/485 ?
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Not needed, if they are willing to defend it as future job.
 
Jharkandha, Thanks for your response.

Can i also apply for EAD/AP at the same time? After I 140 approval and pending of I 485 for 180 days, could i use EAD to work for company A ?

I appreciate your response.
 
Don't switch to EAD

I guess the company that is giving you the labor sub. would want to file h1 also. Go ahead and do it if they insist. You need not work on that H1 however.


Regarding the use of EAD, I suggest maintain and keep using H1 status till atleast ur. 140 is clear. Conservative policy is to use it till GC is in hand. What if u start using EAD and ur. 140 is denied ( with sub. labor, risk is even higher), u will become out of status immediately.

will_get_there
 
About the using of EAD, after I-140 approval from Company B and with pending of I-485 for more than 180 days, can i use the EAD for continue working at Company A ?

Does applying I-140/485 with company B means that EAD can be used for only company B with keeping in mind the GC for future employment only?

If i get thru my LC from company A, can i apply multiple I-140/485 in the same regional office ?

Bottom line is i want to stick with company A either with H1B or EAD.
 
longawaitedlc said:
About the using of EAD, after I-140 approval from Company B and with pending of I-485 for more than 180 days, can i use the EAD for continue working at Company A ?

Does applying I-140/485 with company B means that EAD can be used for only company B with keeping in mind the GC for future employment only?

If i get thru my LC from company A, can i apply multiple I-140/485 in the same regional office ?

Bottom line is i want to stick with company A either with H1B or EAD.
Click to expand...
If you are not on sponsor's payroll then 180 day rule does not applies to you. However your sponsors will have to defend your case by showing that this is future job offer and reply to all RFEs. You may use EAD in that situation.

For mutliple filings - yes you can do so. You can file any number of 140/485 in any or all of the regional offices - doesn't matters. But you should not hide the fact that you already have pending cases for GC. You must put your A# in all application subsequent to your first filing.
 
use EAD anywhere

U can use EAD to work for as many companies as u want however u have to be working for atleast one company that u show as the one that is sponsoring ur. GC. That job should be same and similar to what is mentioned in LC.

Once u use ur. EAD u lose H1 even if u use it for part time work. What I am tring to say is that one cannot work on H1 and EAD both for two different companies.

If u use EAD that u get from company B to work at company A, then u are using company B for GC sponsorship as future job. That is OK if company continues ur. sponsorship for future job. However if something goes wrong and ur. 140 or 485 is denied, u will imeediately become out of status.

my 2 cents:
I am in similar situation where company B is sponsoring my GC and I am with them now, however I would like to work for copmpany A and still continue my GC. But I will wait for couple of months to get 140 approved and 485 6 months pending and then use AC21 to change jobs. It has taken me so much time to reach this stage, few more months will not make such a difference I guess, however 140/485 denial will make a big difference.
 
Thanks for your response - Jharkhandi & will get there.

Do u guys think if i need to apply for H1B transfer to company B before i could apply for I-140/485 from company B [bcoz currently company A is holding my H1B extn. to 7th yr based on pending LC] ? Also, my 6 yrs of H1B term ends on July 2004, do i need to apply for I-140/485 before the end of 6 yrs term of H1B ?

I appreciate your response.
 
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