H1 transfer validity?

[gijo]

Hi ,
I have been working for Company A 2001- March 2004 on H1. I had filed for Labor cert frm Nj on April 18th 2002. This march 2004, I transfered my h1 to Company B and proceeded on leave with Company A. I have been working with Company B for past 3 months. My labor cert filedthrough Co- A in NJ is getting closer to be approved at least frm the dates mentioned on the DOL website.

My questions are
1) Would there be issues if I want to go back to Company A's H1 and work with them? The transfered H1 with Company B is not yet stamped in my passport, i have the approved I-797.

2) I have recieved an offer to work full-time with the Company C, client of Company B. Actually Company B is a sub-contractor. I have to work 3 months b4 i go permanent with Company C. My goal is to work for Company A(contracting for Company C) for 3-6 months get the labor approved, EAD done and then as soon as possi, get on Company C's payrolls as their direct employee.
Are there any hindrances I could expect in the process from a legal angle?

Any body who has done/heard of this please reply? Please enlighten me with solutions?

 

[valleyguy]

Dude, dont commit this mistake

i think your planning is not good.
first of all you are assunming that you will get your labor from NJ in 3 to 6 months and secondly you want to work for a previous employer A whom you already left and this violates the very basis of I-140 becuz you left the company and might not be able to prove permanent intent. another thing is even if you did that you need to stick with the company who filed your I-140 for a period until atleast I-140 is approved and your 485 is pending for 180 days and this will easily take 1.5 to 2 years....

my best advice is stick transfer to a good company in faster region and stick to that for 3 years...cuz you are loosing H1 time with company B who is in NJ and NJ sucks. check with Company C for approved labor options...

i am not a legal person but have advised the above just from whatever i might know ...
hope this helps...
Valleyguy