GC confusion

A

ammcp

New Member
I appreciate your help & kindness in advance. I need advice on following situation
My Question
I was employed by a company A on H1b. Lost job in Feb 2001, I had filed for I-140 at this time. Found a job with another company B, with the condition of contract to hire. So I continued on my company A\'s payroll until the new employer B got the H1B approved. Then as promised I joined the new employer B in Aug 2001. Meanwhile company A\'s I-140 got approved in Sept 2001. They promised to continue my GC process. We filed for I-485 with company A, I think on the pretext of future employment . Now I received I-485 receipt in Dec. 2001. What is my position. When would I have to join back company A. Can I now convert my I-485 to company B. Both company A and B have been trying to help. Company B also has started process from scratch. But it is slow here. They said they would advertise for 6 months & then file LCA in Feb 2002 mosly in RIR. What should I really do? What are my options. I am applying for EAD as well based on I-485 reciept. Am I likely to get the GC. OR am i in a mess? My H1B with comany B is valid till May 30 2003. So I have about 1 year & 5 months left on H1b out of 6 years.

Please advice

Thanks
 
DC confusion

I appreciate your help & kindness in advance. I need advice on following situation
My Question
I was employed by a company A on H1b. Lost job in Feb 2001, I had filed for I-140 at this time. Found a job with another company B, with the condition of contract to hire. So I continued on my company A\'s payroll until the new employer B got the H1B approved. Then as promised I joined the new employer B in Aug 2001. Meanwhile company A\'s I-140 got approved in Sept 2001. They promised to continue my GC process. We filed for I-485 with company A, I think on the pretext of future employment . Now I received I-485 receipt in Dec. 2001. What is my position. When would I have to join back company A. Can I now convert my I-485 to company B. Both company A and B have been trying to help. Company B also has started process from scratch. But it is slow here. They said they would advertise for 6 months & then file LCA in Feb 2002 mosly in RIR. What should I really do? What are my options. I am applying for EAD as well based on I-485 reciept. Am I likely to get the GC. OR am i in a mess? My H1B with comany B is valid till May 30 2003. So I have about 1 year & 5 months left on H1b out of 6 years.

Please advice

Thanks
 
No Title

If I485 is approved, you need to go back to A. You may need to provide employment verification for A (for future job). Since you were laid off, there is some chance INS will be skeptical about your future position with A.

If you go back to work for A before approval (and RFE for employment verification) you stand better chance of not being scrutinized.
You may work for A in addition to working for B, using EAD.

After 180 days since filing I485, you may exercise AC21 to switch your sponsor to B. However, if you were working for B while filing I485, INS may claim you did not have the intention to work for A at the time of filing. You will then need to prove that you "have no sister", i.e. did have intention.

I suppose your best bet is to go back to work for A ASAP, possibly on EAD (with or without working for B).
2nd best is staying with B and then, uppon approval, go back to A.
 
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