here is a scenario..please advise

Q

quickdraw27

Registered Users (C)
I am presently working for a firm A on an H1B. I move to firm B who is presently processing my labor certification. I start working with firm B, firm B transfers my H1 to his company's name, file for my I-140/485/AP Skilled Worker Category. I get my I-140 approved through firm B, receive my EAD and at that point, (after 6 months have elapsed etc. and I go back to work in a similar capacity..etc.) I move back to firm A. Now Firm A has given me a "Leave of Absence" during that time for personal reasons. Am I committing any kind of fraud in my H1B transfer here? Can I legally continue my I-485 processing with Firm A and receive my Green Card?

Thanks for your help!
 
I am presently working for a firm A on an H1B.
I move to firm B who is presently processing my labor certification.
--- have you moved or moving with H1 transfer?
I start working with firm B, firm B transfers my H1 to his company's name, file for my I-140/485/AP Skilled Worker Category.
----- It seems you have not moved to B and you are trying to get answer for Hypothetical situations. To get clear answer post your current situation step wise

I get my I-140 approved through firm B, receive my EAD and at that point, (after 6 months have elapsed etc. and I go back to work in a similar capacity..etc.)
I move back to firm A.
---- May be you can use AC21 if I-140 through B is approved and I-485 pending more than 180 days and B does not revoke I-140
Now Firm A has given me a "Leave of Absence" during that time for personal reasons.
Am I committing any kind of fraud in my H1B transfer here?
Can I legally continue my I-485 processing with Firm A and receive my Green Card?

--- B filed your LC and I-140 and you filed I-485 on the basis of B I-140 now you are saying about A sorry I did not understand your question.
 
hey there ginnu

thanks for your reply

I am talking about a hypothetical situation as I am presently working with company A on an H1 visa and plan to move to company B. company B is willing to sponor my gc, company A can't file under RIR. I need to know if what I am thinking of doing is possible before I actually go ahead.

I get a leave of absence from Company A and move to company B, get my labor approval and file my I-140/485/AP simultaenously.


I wait till my I-140 is approved, suppose it is approved after 8 months from the date of filing. After 10 months I move back to company A using the AC-21 portability rule.

My questions: Is there any fraud being committed in this scenario either in terms of H1 transfer?

Once an I-140 is approved, can it be revoked, and if it is, is my I-485 in jeopardy?

Thanks
 
Originally posted by quickdraw27



I get a leave of absence from Company A and move to company B, get my labor approval and file my I-140/485/AP simultaenously.


Click to expand...

With H1-B you cannot work for two companies at the same time, when you say you are on leave of absence from Company A, that means you are still working for that company, which is not legal.
 
no need to worry

your employer is just trying to get away from h1 labor acts, by not paying you for the time period you are with company B.

its not illegal.


-----

Disclaimer: I am not a lawyer. Seek competent attorney for your questions or concerns. Do not act based on this or any of the reply or advice.

----
 
You must log in or register to reply here.
Top