H1B to Green Card as Future Employee

S

ssmanian98

Registered Users (C)
Hi,

My H1B - 6 year limit expires in Apr 2004.

I am working for company A. They are planning to process my GC. They plan to apply for Labour certification now.

Concurrently, Company B has said that they will use an approved labour certiicate for me and apply for GC as Future employee.

Can Company A or Company B apply for my H1B - 7th year extention at this stage.

As I know 180 days after I-485 filing, can I switch to other employer C, with out even working for B. Is that rule still apply for future employees.

Is it mandatory for working for Company B after 140/485 filing. Also is it possible for me to join company C , NOW?

Is it mandatory to work for X since X filed my green card

Please let me know.

Thanks
 
Originally posted by ssmanian98
Hi,

My H1B - 6 year limit expires in Apr 2004.

I am working for company A. They are planning to process my GC. They plan to apply for Labour certification now.

Concurrently, Company B has said that they will use an approved labour certiicate for me and apply for GC as Future employee.

1. Can Company A or Company B apply for my H1B - 7th year extention at this stage.

2. As I know 180 days after I-485 filing, can I switch to other employer C, with out even working for B. Is that rule still apply for future employees.

3. Is it mandatory for working for Company B after 140/485 filing. Also is it possible for me to join company C , NOW?

4. Is it mandatory to work for X since X filed my green card

Please let me know.

Thanks
Click to expand...

1. No, at the current stage. But either A or B can file for H1 extension based on the filing of 140 by B. ( I think after 180 days of filing 140)

2. Yes

3. No.

4. No, Its not mandatory, but you better work for them for 6 to 1 year once you get your GC, safe side. This avoids possible redflags for citizenship.
 
My H1B - 6-year limit expires in Apr 2004.

I am working for company A. They are planning to process my GC. They plan to apply for Labor certification now.

Concurrently, Company B has said that they will use an approved labor certificate for me and apply for GC as Future employee.
--------- If the have any LC approved with them and it matches your skills and education and exp then they can file your I-140 based on labor substitution
1. Can Company A or Company B apply for my H1B - 7th year extension at this stage.
---------NO, only after they file I-140 and get the I-140 filing receipt but if I-140 is denied later H1 extension and other benefits will be withdrawn and you will not be on 7th year extension because base of 7th year is denied

2. As I know 180 days after I-485 filing, can I switch to other employer C, with out even working for B. Is that rule still apply for future employees.
----- Dear, still your I-140 is not filed and it is going to be based on LC that was approved for someone like you, and I-140 may get RFE even if filed concurrently with I-485, you need to have I-140 approved and I-485 pending more than 180 days and have to fulfill other criteria to use AC21, don’t try to jump, the employer who is going to give you approved LC as base for I-140 and I-485 filing he may revoke I-140 any time
3. Is it mandatory for working for Company B after 140/485 filing? Also is it possible for me to join company C, NOW?
--- Read the BCIS August Memo, if your company that is filing I-140 and I-485 is not going to revoke I-140 and replies to all RFE for I-140 and they are ready to support you for GC then you can be with C with H1 transfer but before I-485 approval better go back to B
4. Is it mandatory to work for X since X filed my green card
---- after actual green card YES, minimum 6 months to 1 year, before GC not mandatary as GC is applied for future job

*** If you need GC stick to the company who is going to file I-140 and I-485, EAD, AP for 8-9 months (if concurrent filing) till the time your I-140 is approved and I-485 hits 180 days
Read:
http://www.murthy.com/UDportis.html
 
Re: Re: H1B to Green Card as Future Employee

Originally posted by rk4gc
1. No, at the current stage. But either A or B can file for H1 extension based on the filing of 140 by B. ( I think after 180 days of filing 140)

2. Yes

3. No.

4. No, Its not mandatory, but you better work for them for 6 to 1 year once you get your GC, safe side. This avoids possible redflags for citizenship.
Click to expand...

Hi

Thank you for the quick response. I understand the issue with GC and sticking to company that files. Can I have job in the company that has filed my GC as Partime and take another job from another company concurrently.
 
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