I485 and H1 with different Companies

H

HELPEVER

New Member
I am currently on H1 with company ABC my H1 is valid to 2009 oct.
I have my I140 approved with the current co and about to file for I485
since it is current.
I got a good offer from another good company XYZ. I want to take this
offer and join as H1 in XYZ.
MY co ABC has agreeed to continue the GC process without any harm.
Questions:
1) Can work for co XYX and also continue the GC process with ABC.
2) Since GC is for future employment will I have to join ABC again in fut
future when the GC is approved.
3) At any time will I be able to convert my GC process to co XYZ.
4) If the above is okay will there any problem in renewing EAD or H1.
 
1) Yes probably before you want to port your AC21 preferably.
2) Yes because without your intent to join has to be proven sometime.
3) There is no conversion that you can do but if you stay in your current company for 6 months after I-485, with AC21 you can use EAD to move to the new company.

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.

Good Luck.
 
I want to take the new offer because it is a good company. After 6 months that position will not be there.
My present company has agreed to process my I485.
Since I have to change the co right now and not possible to work 6 months.
AC 21 is ruled out right?
Can I start and continue in H1 from XYZ and ABC will process my GC till I get the Green Card. Is there any legal problem in this.
Bottom line , GC continues in abc and I work on H1 with XYZ till I get my green card possible or not ?
 
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