I-485 filing with old employer!!!!URGENT!!!

bcsb

Registered Users (C)
I am working for Company A and the Labor & I-140 got approved from them, recently I have accepted an employment from Company B.
Can I join Company B now and continue with green card process with company A for filing the I-485 & EAD & AP petition

:confused:
Thanks,
bcsb
 
The answer is normally yes as long as you have a bona fide offer from employer A and start immediately with them once your green card is issued. The I-140 petition was for a FUTURE job. Not the one you happen to be at current. Of course if you don't go back to Employer A and you stick with B after you get your green card then they do have the right to question whether or not your intent to work for your sponsors (or them to hire you) was genunine.

If you or they didn't, then you or they may have committed fraud. (Unless you have made use of your EAD and filed for AC21 job portability).

At least, that's how I understand it. But what do I know? :)
 
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May be you may consider another alternative which somewhat I was trying to first do and then switched to additional H1 option... However this was one of the method I had validated with the attorney and it might be practical.... However, you know your situation and the best is you should have a consultation with an attorney which will be worth it.

- Stay in your current company, work as a consultant to the new company through your current company till you get the EAD and 6 months from filing I485 and then just move to new company. New company can pay through existing company. You might give some little incentive to your current company for 6 months for taking care of payrolls which you can pay from double transfer costs of H1, etc and complicating your case. One thing is be careful not to complicate your case by jumping too much during your I-485 first 6 months till you do AC21.
 
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