Future Employment - but company not doing well - need some advice!

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neo_rags

Registered Users (C)
Here is a rather strange situation (atleast to me) and I don't know how to proceed. I work for company A and there is a company B who agreed to apply for my greencard from Michigan (thats where the company is situated and in existence). They applied for my labor under the future employment clause sometime Aug 2002 RIR. Yes - they were recruiting like crazy then. My labor went through and company B is ready to apply for my I-140 and I-485 together.

Here is the problem - Company B, which has my labor approved is not doing too well at present (thanks to the current IT market conditions) and I've a feeling that they may lay me off as soon as I join them. The company I work for at present (company A) is doing okay and I don't see problems to my job coming up any time in the near future (but then you can never tell !!). Company A, due to certain policies and conditions wouldn't start my green card labor for atleast another year or maybe 2. My H1-B expires in a year. I think I'm in a fix as to what I should do. I don't want to join company B at this point since I fear they might lay me off or may even just cancel the offer for employment by the time I get my GC (I-485 applied) through them.

Can I still continue to file for my 485 with company B's I-140 and if I get my green card (or atleast EAD) can I continue to work for company A since company B is not doing too well? (FYI - if at all this information helps - Company B has been in business for the past 10 years)

I would deeply appreciate any input in this regard. I'm all ears to any suggestion/advice/recommendations that you could give me.

Thanks!
 
Can't you agree with Company A to work for them though Company B for a while (six month)? They'll have to pay for you as a contractor. I mean, after all, what difference does it make for them whom they pay? (besides, without this they are going to "lose" you anyways).

Once 180 days are gone, you can then join them back on your EAD.

==

BTW, if not a secret, how did you find company B? Many people in waiting queues would consider a backup plan like that.
 
Thanks for your reply Hexamon! A good friend of mine is one of the board of directors in Company B. Here is a little history - I was an employee of company B a few years ago before I decided a switch to company A but still continued to have very good relations with my friend and the other folks at company B. You would probably call me stupid but till March last year I didn't have an idea of continuing my stay here in the US extending my 6 year H1B period. Things changed suddenly in my life during a period which prompted me to file for my GC during the summer of '01 in the idea of joining company B. Although I would like to share Company B's real name in this forum, I'm forced to conceal this information inorder not to offend my friend and his company.

Again, thanks a lot for the advice and I truly appreciate you helping naive folks like me on such tough immigration questions.
 
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