H1 extention GC & Employer change

S

spaceboat

New Member
Even after reviewing lot of forums & talk to friends I could n't understand all these laws. I have come to USA on H1B in July 1998 and finished 6 years by July 2004, my current employer A applied my Labour Petition in 2002, but not yet approved. So they have applied for my 7th year H1B extention (based on pending Labour petition for more than 365 days) and its approved until April 2005. Now I would like to change to a new company B while my current Greencard processing will continue with my current employer A.

1) Can new employer B apply for H1 extention based on employer A's pending Labour petition?

2) If so, does my current company A needs any kinds of documents for my I-140, I-485 and further Greencard processing?

3) Lot of people saying that the position with current employer A and new employer B needs to be the same for smooth Greencard approval, is this true? If so, how to differentiate IT jobs/positions?

4) If I change to new employer B now, can I continue working for them on H1 extentions until I get the Greencard or do I need to use EAD once I get it?

5) Do I need to go back to my current employer A in future or can I continue with new employer even after I got my Greencard?

Please help me with your detail answers.
Thanks in advance.
 
Yes o Yes

spaceboat said:
Even after reviewing lot of forums & talk to friends I could n't understand all these laws. I have come to USA on H1B in July 1998 and finished 6 years by July 2004, my current employer A applied my Labour Petition in 2002, but not yet approved. So they have applied for my 7th year H1B extention (based on pending Labour petition for more than 365 days) and its approved until April 2005. Now I would like to change to a new company B while my current Greencard processing will continue with my current employer A.

1) Can new employer B apply for H1 extention based on employer A's pending Labour petition?
YES, YEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEES
2) If so, does my current company A needs any kinds of documents for my I-140, I-485 and further Greencard processing?
Yes. Company credential (Financial statements etc)

3) Lot of people saying that the position with current employer A and new employer B needs to be the same for smooth Greencard approval, is this true? If so, how to differentiate IT jobs/positions?
Not true. Your H1B position is independent of Green card position. You may be Programmer in H1 in Both company A & B, but company A may process your green card for a Project Manager Position . (Green card is for future position). Do you know to process your green card, you need not be in USA (means) comapny can start process green card for alien when the alien at his/her own country. But no company does that.
4) If I change to new employer B now, can I continue working for them on H1 extentions until I get the Greencard or do I need to use EAD once I get it?
Continue H1 until you get EAD
5) Do I need to go back to my current employer A in future or can I continue with new employer even after I got my Greencard?
Some time you may have to go to Employer A for few months to get pay stub, if INS looking for evidence. Most cases this provison un noticed.

Please help me with your detail answers.
Thanks in advance.
Click to expand...
 
I)
I have mistyped my question No.2, here is my actual question.

2) If so, does my current company A needs any kinds of documents from new company B for my I-140, I-485 and further Greencard processing?

II)
For question No.4

4) If I change to new employer B now, can I continue working for them on H1 extentions until I get the Greencard or do I need to use EAD once I get it?
A) Continue H1 until you get EAD

Is that means do I need to go back to my old company to work on EAD or can continue for the new company with the EAD?

III)
5) Do I need to go back to my current employer A in future or can I continue with new employer even after I got my Greencard?
A) Some time you may have to go to Employer A for few months to get pay stub, if INS looking for evidence. Most cases this provison un noticed.

When (means at what stage) should I go back to old company and for how long?

Thanks for your response.
 
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