I140 with pre approved labor but problem with H1B

ak19

Registered Users (C)
Thanks for reply

Company A : My friend was working till December 2002 for A company and has visa stamped on his passport with this company till May 2004

He joined company B by H1B transfer on Jan 6 th 2003 . Received approval only in May 2003

He left company B and joined company C on March 2003 with approval receipt from Company B. Company C filed transfer of H1B .received only in May 2003 just 15 days after company B H1B came in.

Before receiving the H1B approval he went to India due to emergency at his home and came back on stamped visa and got new I 94. Pl note entered in USA on Company A visa stamped on passport .He recived his approved H1B visa letters only after entering in to USA on new I 94 on company A's visa.


July 2003 ,he joined back company B ,without informing INS. Now he is working last three months with Company B and wants to file green card with pre approved labor. I 140 concurrently.

Does his H1B issue is going to create problem .since company B not filed fresh H1B while taking him back.

Now if at all here is problem with H1B then it is for whom for company or to this guy. And how he can over come?

Consider this If company B is ready to file H1B amendment to INS,then how amendment should be filed considering he is currently working for this company . How INS can react.


In I 140 and I 485, what he refer which H1B visa and expatriation date. Company B or Company C.

Should he file I140 and I485 now or wait for to resolve the H1B issue.
 
Last edited by a moderator:
Multiple H1s are allowed. Your friend can even work for Company A, B, C at same time. If B did not cancel the H1 then he can stick on B's one. Otherwise B needs to file a H1 transfer. Which H1 to use when file GC, he can use one still valid. In fact since he is working for B, I guess the B would be the one to use.
 
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