I-485 Dilema- Future Employment

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rahulmahajan

Registered Users (C)
I filed in EB2 catagory through company A ( small size company )based on future employment
PD- Sep/04.
I-140- Pending.

I am currently working with company B ( Multinational ). My current status is 5th yr H1B ending in Oct 07..Current employer ( Company B ) has finally approved to file PERM labor..

I am struggling to decide if I should file I-485 with company A awail the current dates and at the same time continue to file PERM in next couple of months with company B..

Would it creat any legel wrangling later on?

I am already in my 5 th yr of h1B with company B and there is no guaranteed job opportunity with company A..

Appreciate if any one in the forum could help resolve my situation.

Thanks in advance
 
rahulmahajan said:
I filed in EB2 catagory through company A ( small size company )based on future employment
PD- Sep/04.
I-140- Pending.

I am currently working with company B ( Multinational ). My current status is 5th yr H1B ending in Oct 07..Current employer ( Company B ) has finally approved to file PERM labor..

I am struggling to decide if I should file I-485 with company A awail the current dates and at the same time continue to file PERM in next couple of months with company B..

Would it creat any legel wrangling later on?

I am already in my 5 th yr of h1B with company B and there is no guaranteed job opportunity with company A..

Appreciate if any one in the forum could help resolve my situation.

Thanks in advance
Click to expand...

why cant you file 485 with A and continue the PERM with B?

Worst case even if 485 is denied, you are maintaining H1 and have this PERM as backup. If 485 remains pending 180 days and your I-140 with A is approved, simply invoke AC-21 to move the GC over to B.
 
Thanks for your inputs...You have explained things with clearity..Seems for invoking AC-21 there are some preconditions ...Issue is that my job description with company A is different than the one that is being filed through company B in PERM..And I have not reveiled to company B about a pending I-140 of company A. .....Also for invoking AC-21 is there a requirment that i need to work with company A for 180 day...I have not till this point worked with company A..You valued suggestions will be appreciated
 
rahulmahajan said:
Thanks for your inputs...You have explained things with clearity..Seems for invoking AC-21 there are some preconditions ...Issue is that my job description with company A is different than the one that is being filed through company B in PERM..And I have not reveiled to company B about a pending I-140 of company A. .....Also for invoking AC-21 is there a requirment that i need to work with company A for 180 day...I have not till this point worked with company A..You valued suggestions will be appreciated
Click to expand...

Sounds like you know your options pretty well. you must asking for a reinforcement for your "already made" decision/intention.

Normally, an earlier PD is always the better option to get you out of the GC jail quicker. So, if GC is your primary goal for now. I will go with co. A.
 
To be honest have kept the options open.I am struggling to salvage my career vs getting out of GC cogmaire..Could you throw some light regarding invoking AC-21..Is one suposed to work for the company for a period of 180 days or the time line starts 180 days after filing of GC irrespective of the fact if the person is working or not for that org.
Thanks in advance for your time
 
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