GC with Different company

U

usmanb

Registered Users (C)
I was working for company ABC on H1b and they also applied my GC, I switched my company and H1 to XYZ, with the agreement with company A that i will join them back on getting my GC. Now i am about to apply for 485, my question is when do i have to start working for company ABC, is it after getting EAD or is it after getting GC ?
Is it OK to get EAD and keep on working for company XYZ on H1 , and join company ABC after getting GC ?

Thanks for the help...
 
usmanb said:
I was working for company ABC on H1b and they also applied my GC,
----------- did they file LC? is LC approved? did the ABC file I-140 for you? did I-140 got approved? provide the full details.

I switched my company and H1 to XYZ, with the agreement with company A that i will join them back on getting my GC.
Now i am about to apply for 485, my question is when do i have to start working for company ABC, is it after getting EAD or is it after getting GC ?
-------------if ABC filed I-140 for you and you are filing I-485 based on that I-140 then you need to join after I-485 approval or can join any time before I-485 approval. If I-140 is approved and I-485 remains pending more than 180 days then you can also use AC21 with permanent job offer letter of XYZ if you want to work with XYZ after I-485 approval.(FYI at this time USCIS is approving I-485 less than 6 months)

Is it OK to get EAD and keep on working for company XYZ on H1 , and join company ABC after getting GC ?
----------you can do that, but it is better to be with ABC 2-3 months before I-485 approval( according to law not needed) GC is for future job after I-485 approval.

Thanks for the help...
Click to expand...
 
Thank you so much ginnu for your reply
Yes company ABC applied LC and i140 and both of them have been approved. PD : oct/22/2002 (Pak), i140 approved on Mar/2006.

so its mean If i485 remains pending for more than 180 days I can use AC21 and join XYZ permanently with out working with ABC at all ?

I doubt that things will work out with ABC , If they dont want to hire me back what options do I have ?
and one more thing company XYZ has also applied my LC which is approved but priority date is Jan 2006, thats why i am going with ABC process.

Thanks
 
usmanb said:
Thank you so much ginnu for your reply
Yes company ABC applied LC and i140 and both of them have been approved. PD : oct/22/2002 (Pak), i140 approved on Mar/2006.

so its mean If i485 remains pending for more than 180 days I can use AC21 and join XYZ permanently with out working with ABC at all ?
------------------YES, after I-485 pending hits 180 days then send XYZ employer permanent job offer letter and request for AC21

I doubt that things will work out with ABC , If they dont want to hire me back what options do I have ?
---- your I-140 was approved March 2006 if PD for you was current why you did not file I-485??? one can file I-485 with I-140 or with I-140 filing reciept or after I-140 gets approved with copy of I-140 approval(if PD is current). file the I-485 on the base of I-140 of ABC and prey that they dont approve I-485 in 180 days after 180 days you are eligible for AC21. dont give any hint to ABC or lawyer of ABC that you may use AC21

and one more thing company XYZ has also applied my LC which is approved but priority date is Jan 2006, thats why i am going with ABC process.
------Let the XYZ also file your I-140 (if that I-140 is filed after your I-485 filing then write your A# on the second I-140 form also inform the lawyer of XYZ at the time of filing second I-140 to recapture early PD oct/22/2002 (if one has I-140 approved and file second I-140 one can retain early PD your lawyer knows that just remind him)

Thanks
Click to expand...
 
Thanks again ginnu,

(your I-140 was approved March 2006 if PD for you was current why you did not file I-485???)
--------In Mar 2006 EB3 was not current, last time when it was current was Oct 2005.

(Let the XYZ also file your I-140 (if that I-140 is filed after your I-485 filing then write your A# on the second I-140 form also inform the lawyer of XYZ at the time of filing second I-140 to recapture early PD oct/22/2002)
------------You said i140 from XYZ should be applied after filing 485 from ABC, I dont think my PD will be current before couple of more moths, so If XYZ company applies i140 before applying i485 from ABC, I wont be able to use old PD ? should I tell my current company lawyer to wait and not to apply i140 until I apply 485 with previous company ? OR can i apply i140 now from current company by using old PD and also apply 485 with prev company when it comes current ?

Let say If I apply 485 with prev company and its approved before 180 days .. then what choice do i have ?

Thanks
 
usmanb said:
Thanks again ginnu,

(your I-140 was approved March 2006 if PD for you was current why you did not file I-485???)
--------In Mar 2006 EB3 was not current, last time when it was current was Oct 2005.
********** you should have filed in oct 2005

(Let the XYZ also file your I-140 (if that I-140 is filed after your I-485 filing then write your A# on the second I-140 form also inform the lawyer of XYZ at the time of filing second I-140 to recapture early PD oct/22/2002)
------------You said i140 from XYZ should be applied after filing 485 from ABC, I dont think my PD will be current before couple of more moths, so If XYZ company applies i140 before applying i485 from ABC, I wont be able to use old PD ?
-------------you can recapture the old PD

should I tell my current company lawyer to wait and not to apply i140 until I apply 485 with previous company ?
---------------you can apply the I-140, dont wait for I-485 filing I wrote it becase you may get A# on I-485 filing reciept. you can file second I-140 no problems
OR can i apply i140 now from current company by using old PD and also apply 485 with prev company when it comes current ?
---------------you can do that
Let say If I apply 485 with prev company and its approved before 180 days .. then what choice do i have ?
------------- then work with prev company for 6 months after I-485 gets approved or get letter that they dont have job for you and keep that letter with you till you apply citizenship.

Thanks
Click to expand...
 
Ginnu, your previous advice was really helpful, thanks
Now i have one more question, My priority date is current now and applying my 485 in May 07, I need to travel out side US in July for 4 weeks. I have valid H1b stampped on m passport until Nov 2007.
Is this safe to travel after applying 485 ? Can I travel on my current H1b or Do i need to take AP ? Please advice.
Thanks
 
usmanb said:
Ginnu, your previous advice was really helpful, thanks
Now i have one more question,
My priority date is current now and applying my 485 in May 07, I need to travel out side US in July for 4 weeks.
----------------------you need to be in US to file I-485, if you send I-485 on May 7 it may reach USCIS service center 8 or 9 May and you/your lawyer may get I-485 filing reciept in 15-20 days after I-485 filing. I think you will get I-485 filing reciept before you go out. FYI I-485 filing reciept is not needed to go out, it is just to make sure I-485 reached USCIS. if your lawyer is sending through fedex then you can track it

I have valid H1b stampped on m passport until Nov 2007.
---------------- you can go out once I-485 reach the USCIS, you can enter US on H1 as you have valid H1 till Nov 2007.
Is this safe to travel after applying 485 ?
-----yes, make sure I-485 reached USCIS
Can I travel on my current H1b or Do i need to take AP ?
------------- if you have valid Visa stamp when you want to come back then why you need AP?
Please advice.
Thanks
Click to expand...

* it is better to remain on H1 status even after filing I-485. you can file H1 extension. better to file EAD and AP (many keep valid AP so that if any problems in visa stamping they can use AP)
 
If you are applying I-485 in May...... Watch out for Finger prints

Usually you get the finger prints in one month or so but some times it takes few months. If you get your finger prints when you are overseas, then there could be a problem. You let your attorney know about this. He can reqest a new dat for finger printing. If you dont respond to the finger printing notice, then they will considere that you abondon your 485. They denied few case on this.

Just be careful about this.


Thanksssssssss

I am not a lawyer................... but I am your friend
 
Thanks Ginnu and va, about this finger printing, how much time can we take to reply after we get it from USCIS ? I mean do we have about 4 weeks or no ? and if I apply 485 in the first week of May what are the chances that I can get finger printing before july ?
Thanks
 
usmanb said:
Thanks Ginnu and va, about this finger printing, how much time can we take to reply after we get it from USCIS ? I mean do we have about 4 weeks or no ? and if I apply 485 in the first week of May what are the chances that I can get finger printing before july ?
Thanks
Click to expand...

from the date USCIS recieves the I-485 then FP date will be more than 50-60 days( it can be more once they send you FP notice you have 15-20 days and many have 30 days it all depends on your ASC )
 
Thanks Ginnu , One more issue..
Now I am about to apply for my 485 for me and my wife, i had some misunderstanding with my lawyer, is this ok to change lawyer at this point, if yes then do i need approved labor and i140 copies from the lawyer. I have approved i140 copy but not approved labor copy. I know my lawyer will give me hard time in giving all these docs. so what do you suggest .. is this ok to change laywer at this point or no ?

Thanks again
 
You must log in or register to reply here.
Top