GC processing via company not currently employed with..

[kavita23]

Hi, This message forum has been an invaluable source of information. I'd be grateful if someone can help me with this question..

I am employed with a company "company 1" who has sponsored my H1-B visa. Now while I am employed here, is it possible for me to initiate my labor processing via another company, perhaps a contracting company called "company 2" in a state where such processing is expedious ? At the time of I-140 and/or I-485, is there a requirement that I need to be employed with "company 2"? I ask this since I have heard that a employment based GC is for future employment.

Is this an accepted workaround, or is this illegal ?

I am running out of my H1 and am perturbed. Would greatly appreciate any experience y'all have had on this topic.

Regards,
Kavita

 

[nkm-oct23]

It is true that employment based GC is for a future job but given the present economic and employment situation it is difficult to convince BCIS that the job offer is genuine(especially if it is a consulting/contracing company, aka "body shop"). BCIS can question the employer's ability to pay and the best way to convince BCIS is to be employed and be receiving the promised (or close) salary.
This does not mean that you cannot pursue GC with a future employer. It is just more risky.
Having said that, if you have an opportunity to start you GC processing with another(willing) employer, go ahead. You have nothing to lose! Meanwhile pursue it with your present employer as well.