GC Guru - Pl. help

A

aalpha

Registered Users (C)
My I-485 > 180 days.
I am out of project. Last One month I am not getting my pay check.
But I am in Payroll(Sponsor company paying Medical benefit).My company
is telling it is difficult to find a project, better you search new job for your self.
I have a question.

1. If I get another contract job (W2 Employee of another company) using my EAD.
 Whether it is o.k. to employee of two companies?.
 Or Otherwise I have to resign my previous employer(My previous employer
is having no problems to switching for a new job)
2. How it will effect my greencard Process in future.
 
new project

Q1. If I get another contract job (W2 Employee of another company) using my EAD.
 Whether it is o.k. to employee of two companies?.

A1. Instead of being W2 employee, try to go for \'corp-to-corp\' option. It depends on the client, if they are ready to do this. But this way, you will not have to become an employee of the new co. They will pay directly to your (current) employer, and your employer will pay you through the regular payroll. You have to figure out the rates etc. with your co. as they will have to keep some for the taxes etc.

If you use EAD, your H-1 will be invalid, and you won\'t be an employee of the curent co. any more, so there is no way you can say you are employed at both places.

Q2. How it will effect my greencard Process in future.

A2. Since you have EAD, you must have filed 485. In that case, you can hope (and currently the case) that it will not be adjudicated in 180 days. After that, if there is an RFE, you may use the new company\'s employment letter to show that you have similar type of job. (make sure with the new co. that they will provide such a letter). You should be fine unless your 485 case is with CSC which takes a stand that you must have stayed with your sponsoring employer for 180 days before switching job. If 180 days have not been passed since filing 485, option 1 "corp-to-corp" will be helpful.
 
Clarification

Is it 180 days after you have applied for 485 or 180 days after 140. If you have completed 180 days after 485, you are safe, you need not file for I-140 again. Sitback and wait for your approval. If its 140, then I would guess you would require to restart the GC all over.
 
it is 485

I-140 has nothing to do with 180 days rule. It is only after 485 (RD) you start counting.

You don\'t have to file new 140 thru\' new employer, just a letter stating that they are willing to offer you a full time job (which is in the same category as your LC/140 was approved in.)
 
Thanks ,

My rd(485 application date) is 20th june and I am on bench now, although my company has not fired me, but there are chances. I think I will complete my 180 days with this company. If company fires me I will start looking for job.

Thx again
 
Please Clarify

Are you saying that if I get a new job with I-140 approved from previous employer, I don\'t have to start GC from scratch. I am in that situation where I am being laid off with 140 approved and before filing 485. Please let me know.
 
Plese clarify

Are you saying that if I get a new job with I-140 approved from previous employer, I don\'t have to start GC from scratch. I am in that situation where I am being laid off with 140 approved and before filing 485. Please let me know.
 
to agha

140 is of no use if 485 is not filed. If you\'re laid off after 140 apporval but before 485 filed, YOU NEED TO START THE WHOLE GC PROCESS AGAIN. I-140 is useful only to the extent that you can retain the original PD. Since all the PDs are current, it is of no use in today\'s scenario as such.
 
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