Gururs, Please help

[LaborUnknown]

Hi All,

My Labor is pending at Atlanta, and hopefully would get approved soon.

This labor is from my previous company and recently I joined the new company.
( due to my client policy, They forced us to chage the company ).

My old employer is ready to support the GC process and saying that he will continue my GC process as long as I'm paying for that.

My question is that:
Can I apply for 140/485 based on the labor from my old company. ?
Or
Do I've to opt for "Condular Processing" because I'm not with the same company.

Will there be any RFE regarding W2 in future, and if there is RFE regarding W2 and I don't have W2 from this old company, but have W2 with some other company.... what would be situation..

I'm just worried..

will really appreciate your help..Please response..ASAP..

Thanks

 

[Hawa Hawa]

Hi All,

My Labor is pending at Atlanta, and hopefully would get approved soon.

This labor is from my previous company and recently I joined the new company.
( due to my client policy, They forced us to chage the company ).

My old employer is ready to support the GC process and saying that he will continue my GC process as long as I'm paying for that.

My question is that:
Can I apply for 140/485 based on the labor from my old company. ?

your old employer can apply for I-140 and I-485 for you.

Or
Do I've to opt for "Condular Processing" because I'm not with the same company.

Not necessary,U can opt which ever is convenient for you.I would suggest concurrent filing is good.

Will there be any RFE regarding W2 in future, and if there is RFE regarding W2 and I don't have W2 from this old company, but have W2 with some other company.... what would be situation..

Its a always good to have a W-2 from all your old companies.even now you can manage to get W-2's from you old companies..try to get it ..because just in case..if there is any RFE..U should'nt face problems..

Good Luck !!

I'm just worried..

will really appreciate your help..Please response..ASAP..

Thanks

 

[Eventually_DFW]

From what I understand of this whole process (which is not much really), your "old" company can continue the process for you even if you are not working for them. The GC is against future employment and there is no stipulation that you should currently be working for the company that sponsors you.
In theory, if a company wants to hire a foreign national, they sponsor the GC to enable the same. However, since it takes long, we have the H1 provision of "Temporary worker" to get the alien started while the GC is pending. That is the intent of the whole process.
Given that, your "old" company can continue the GC process claiming that you will be working for them once the GC gets approved. Again, in theory, there should be no request for a W-2.

This is simply my opinion and I am NOT a lawyer (thankfully!). Please consult one just to be sure!

Good Luck.