Filing I-485 for future employment by previous employer

O

ozone111

Registered Users (C)
Hi! I would highly appreciate if could Please provide information with your expertise/experience on my unique scenario.

I was working for a Consulting Company (A) in IT field since 2005 August and the company filed my labor cert which got approved on 2006 December. Since the visa for my country has been current, I sent the complete package including signed original labor cert, I-140 and I-485 to the lawyer. Unfortunately, :mad: my complete package got lost from the law office. My employer (A) then filed my I-140 to USCIS without the original labor certification. I learned that Dept of Labor does not provide original labor certification to the employer, neither to the lawyer or applicant. Then the only option remaining for me was to wait until USCIS asked Dept of labor to send the copy of the original directly to USCIS and USCIS processed my case. I had some insecurity about the whole process as there was no specific time frame that I needed to wait for. Experts suggested that it could take merely months or it could take years. I was going through a stage of tremendous insecurity. In the mean time, I got a job offer from a fortune 500 Company (B) and I took the offer. After I joined the new employer (Company B), my previous employer (A) notified me that my I-140 got approved in November 2007 and it (Company A) is willing to file my I-485 for future employment.

At this point, can I file I-485 from the previous employer (A) for future employment? If I can file, what may be the consequences? I know if I file I-485, I may get the green card within next 6 months as the visa is current for EB-2 category for my country. I have some questions and I would appreciate if you could answer.

1. How many payrolls should my previous employer run after I get the green card?
2. Would my current employer know about my current I-485 filing? What may be the worst consequence if company B knows about it?
3. What may be the consequence if my current employer (B) knows about me being in the pay-roll of another Company (once I get the green card)?
4. If my previous employer (A) hires me for the weekend job to run the payroll after I get the green card, should this meet the USCIS requirement?
5. Should I let my current employer know about the current green card processing by my previous employer? If so, when may be the right time to tell my current employer?
6. Is it advisable to file I-485 with my previous employer?
6. Or are there any issues which I did not mention above but I should be aware of?

Thank you in advance.

Raj
 
1. How many payrolls should my previous employer run after I get the green card?
Legally, I don't think he needs to do anything. He's sponsoring a GC for you so that you could work for him once the GC is approved. If you leave after the GC approval, there's little he can do about it. I don't think the USCIS will revoke the GC unless fraud can be proved. I haver personally known a lady who quit her job the day her 485 got approved. They haven't yet sent men to look for her.
2. Would my current employer know about my current I-485 filing? What may be the worst consequence if company B knows about it?
Not unless you tell them. As to what they'll do, it's up to them. If it's a fortune 500 company as you say, it's most likely a mega corporation. In such places, no one cares about who joins or who leaves. Life goes on uninterrupted. This should be the least of your concerns. Legally, you're not in the wrong about not informing them and you're not legally hurting them by not telling them.
3. What may be the consequence if my current employer (B) knows about me being in the pay-roll of another Company (once I get the green card)?
Once again, they shouldn't worry about it. Once you have a GC, it's your legal right to hold two jobs at the same time. Just make sure that company B doesn't feel that you're not working hard enough. And again, it's up to B to decide what they'll do about it. Most likely, nothing. In fact, I'll be VERY surprised if they terminate your employment just because you have a second job.
4. If my previous employer (A) hires me for the weekend job to run the payroll after I get the green card, should this meet the USCIS requirement?
What requirement? There is no rule (that I know of) that actually requires you to work for the new employer once the GC is approved. If such a rule does exist, I don't think your original GC application mentioned that you would be running a payroll on weekends as your main job role, now, did it?
5. Should I let my current employer know about the current green card processing by my previous employer? If so, when may be the right time to tell my current employer?
Why? No need to.
If your new employer offers to sponsor a GC for you, I think you can safely go ahead and have two different GC applications running at the same time. I've known people who did that. Or you can politely refuse and say you'd prefer to wait.
6. Is it advisable to file I-485 with my previous employer?
If it helps you, yes. Given your country's EB2 situation, I think it's a good idea.
6. Or are there any issues which I did not mention above but I should be aware of?
That's a difficult question to answer.
Talk to a good lawyer. I'd say don't worry about the money and schedule a call with a good and competent lawyer like Murthy or Khanna and get professional opinion.
What would that cost you for an hour or two? Maybe $500 at most. I think it's money well invested if you can get good answers that you can live by.
Thank you in advance.
You're welcome.
Raj
Of course, the disclaimer: if you believe everything I suggested above and act accordingly, you'll pretty much deserve what you'll get (good or bad, such is life).
Once again, spend some good money on a good lawyer and get your questions answered.
Good luck!
 
Thank you so much

Thank you so much for taking time in answering each of my questions. I really appreciate. I will schedule to speak to a lawyer very soon.
 
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