H1B with new company, GC processed by old company

C

cshashank

Registered Users (C)
Hi
I have changed my job recently. My previous employer has agreed to keep processing my GC. I have already gone through one year of GC processing through my previous employer. I am told that I am supposed to get the labor clearance any day. Then my previous employer would file for I40 and I485 simultaneously. My H1B is valid for three more years. My question is

1. Is it OK to have an H1B with one company and let the
previous comapny process GC ?
2. Are there any precautions I should be taking for this kind of a
case ?

Thanks
Shashank
 
Yes, it is alright to have the H1 for one and GC on another company. You have to join the new company when you get your GC, or use the AC-21 portability to change to another company but eitherways, you need to work for some company (for which you received your GC) for a relatively long period (about 6months to 1 year).

No special precautions apply.

001
Originally posted by cshashank
Hi
I have changed my job recently. My previous employer has agreed to keep processing my GC. I have already gone through one year of GC processing through my previous employer. I am told that I am supposed to get the labor clearance any day. Then my previous employer would file for I40 and I485 simultaneously. My H1B is valid for three more years. My question is

1. Is it OK to have an H1B with one company and let the
previous comapny process GC ?
2. Are there any precautions I should be taking for this kind of a
case ?

Thanks
Shashank
Click to expand...
 
I have worked for the company(previous employer) which has applied for the GC for 2 years. Now I have switched to a new company and they are holding my H1.
When you say 'You have to join the new company when you get your GC', do you mean the old company ? Because I am already with the new company.

Thanks
Shashank
 
You would join the company that has processed your green-card. In your case, your 'old' company would then become your 'new' company again.

It is generally recommended to work for the GC-sponsoring company for atleast 6 months before changing jobs.
 
Sorry for the confusion, yeah, like ck510 pointed out, you need to join your 'old' company after GC. However if you can make use of AC-21 to make your 'new' company (the one you have shifted to), to be the sponsor of your GC. However to make use of this, you need to file I485 and then wait for about 180 days to use AC-21.

001
Originally posted by cshashank
I have worked for the company(previous employer) which has applied for the GC for 2 years. Now I have switched to a new company and they are holding my H1.
When you say 'You have to join the new company when you get your GC', do you mean the old company ? Because I am already with the new company.

Thanks
Shashank
Click to expand...
 
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