I-140 not approved yet and invited to work for another company RD 07/22/04

[mparisbr]

Hi everyone,

My case is EB1, my company sponsored my process (RD 07/22/04) but 3 months after they decided to close US offices and the closing will take place in july/2005. I still don't have my I-140 approved.

I just got an offer from another company (similar salary and position) and the company I work for is willing to keep my process running, as long as I work part time for them until July. The other company is willing to have me working part time too.

My question is: can i work part time for the current company and part time for the new company using my EAD?

Has anyone seen a situation like this?

Thanks

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EB1 - multinational executive or manager
I-140 RD 07/22/04
I-485 RD 07/22/04
FP: Scheduled for 03/24/05

 

[mkshirsa]

My opinion

Since Green Card is for future full time employment , you may be able to work part time for both the companies on EAD. Also since if you do not require Labor Certification you may be able to do that.
If you are confident that your employer who sponsored you green card is going to continue the process till you get thr'.
As per current rules, one can not keep H1b (NIV) and EAD at the same time , so if EAD is utilized and then due any reason Green card is rejected ( I-140/I-485) then one gets OUT OF STATUS.
I would search for more details on Murthy or some where in this forum.
Again this is just a opinion.

 

[mparisbr]

hi mkshirsa,
thank you for your opinion. i spoke to an immigration attorney and he told me that it would be ok to work for both companies as long as i work at least 35 hours per week for the company that sponsored my process.
again thank you for your feedback.