GC - Always Future Job ? then why 6 months....

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myitneeds

Registered Users (C)
I have simple question....

GC - Always Future Job ? then why 6 months....?

Here is the scenario, I work company A On H1, filed I-140/485 with same company. Is this considered as Future Job / Current Job ? ( H1B LC , GC - LC are Different states ).


after filing I-485 with Company A( less than 180 days, No 140 approval, assumptin , A will not revoke 140 ) , but joining Company B with H1 ( not with EAD ), Is it valid ??

If it is for Future Job , after filing 485, why we cannot switch companies to B or Z ? irrespective I-140 approved/not approved. Keeping scenario after 485 approval from Company A, work for Company A again !!!
 
Last edited by a moderator:
myitneeds said:
I have simple question....

GC - Always Future Job ? then why 6 months....?

Here is the scenario, I work company A On H1, filed I-140/485 with same company. Is this considered as Future Job / Current Job ? ( H1B LC , GC - LC are Different states ).

If it is for Future Job , after filing 485, why we cannot switch companies to B or Z ? irrespective I-140 approved/not approved. Keeping scenario after 485 approval from Company A, work for Company A again !!!
Click to expand...
You can switch companies if you maintain your H1B. If you want to use 180 days then you have to use AC-21 and EAD and for that you have to wait for 180 days after your 485 has been filed or 140 is approved, which ever is later.
 
Afaik - it is AND not OR...

You can do it only after its 180 days since your I-485 is filed AND your I-140 is approved. If for any reason your I-140 gets rejected (and you have started using AC-21 w/ EAD) and your H1B is no longer valid (not extended), you will be OUT OF Status.
 
I am sorry I did not explain on more thing in the scenario...


after filing I-485 with Company A( less than 180 days, No 140 approval, assumptin , A will not revoke 140 ) , but joining Company B with H1 ( not with EAD ), Is it valid ??
 
myitneeds said:
I am sorry I did not explain on more thing in the scenario...


after filing I-485 with Company A( less than 180 days, No 140 approval, assumptin , A will not revoke 140 ) , but joining Company B with H1 ( not with EAD ), Is it valid ??
Click to expand...
You can do any thing at any time if you have the confidence that your GC sponsoring company will support you in all eventualities like RFE for I-140 and will not revoke I-140.
 
myitneeds said:
I am sorry I did not explain on more thing in the scenario...


after filing I-485 with Company A( less than 180 days, No 140 approval, assumptin , A will not revoke 140 ) , but joining Company B with H1 ( not with EAD ), Is it valid ??
Click to expand...
Adding to what tammy2 said - you need to work for the sponsor after getting GC as you are not using AC-21.
 
Hi My Needs GC,
Here are the answers for your questions:

Here is the scenario, I work company A On H1, filed I-140/485 with same company. Is this considered as Future Job / Current Job ? ( H1B LC , GC - LC are Different states ).

Ans: You are working on GC being sponsored for Current Job and they expect you to keep continuing with them even after GC approval(which ofcourse not).

after filing I-485 with Company A( less than 180 days, No 140 approval, assumptin , A will not revoke 140 ) , but joining Company B with H1 ( not with EAD ), Is it valid ??

Ans: Yes its valid if you work on H1B transfer.

If it is for Future Job , after filing 485, why we cannot switch companies to B or Z ? irrespective I-140 approved/not approved. Keeping scenario after 485 approval from Company A, work for Company A again !!!

You can still switch to as many companies as you want on H1B, before I140 approval and as long as you have valid H1B period(6 year limit) and ofcourse if you are with good terms with your old sponsoring company(GC, say company A).

Hope it helps.

Want GC Soon :)
 
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