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saivisa

Registered Users (C)
I am currently working for company A as an employee. But A company is not willing to process my GC. There is B company which is ready to process GC for me. B company already has Labour available for me. I just have to apply for I-140 & 485.

But i don't want to leave the A (current) company. Is there any option for me to continue working with A company and still get my GC processed with B company.

Is it mandetory for me to join B company at any stage of my GC processing. My plan is to get my GC processed through the B company and continue working in A company. Not sure if this going to pose any issues.

Do i have to have H1's with both A & B? Is H1 enough with company A.

Thanks,
Saivisa
 
You dont have to work for Company B. GC process with company B can be as perspective employee. I myself did like that. But after getting green card, you have to apply for company B
 
Do i have to have H1's with both A & B? Is H1 enough with company A.
Once you get your EAD from company B you can always work on
EAD with any employer. H1 is good with company A.
 
I don’t see any problem. GC is for future employment and you don’t need to be an employee of company B to apply for GC through company B.

Vengat
 
Originally posted by saivisa
I am currently working for company A as an employee. But A company is not willing to process my GC. There is B company which is ready to process GC for me. B company already has Labour available for me. I just have to apply for I-140 & 485.

But i don't want to leave the A (current) company. Is there any option for me to continue working with A company and still get my GC processed with B company.

Yes. Company can apply for your GC for future employment. Make sure that company B is financialy stable and should be able to respond to all RFE if one is raised.

Is it mandetory for me to join B company at any stage of my GC processing. My plan is to get my GC processed through the B company and continue working in A company. Not sure if this going to pose any issues.

You don't have to be working for company B at any stage. But if an RFE is raised at 140 stage, company B should respond to it.
And if you are called for interview during final stages of 485 you should be working in the same or similar field described in your labor certification.

Do i have to have H1's with both A & B? Is H1 enough with company A.


Since you are not going to work for company B, you don't need a H1 with company B. And also if another company files your H1, say C, D or E then you can start working for them without affecting your GC. But remeber the job description should match with the approved labor.


hth
dyno

Thanks,
Saivisa
Click to expand...
 
Hi,

Thanks for info. Please answer the following in details....

What do you mean by RFE?

In case if an RFE is raised at 140 stage, company B should respond to it ---How does the company B support...i mean what do they need to support....


Thanks,
Saivisa
 
Company can file GC for future employee but it needs to be finacially stable and needs a high turnover to justlify that.
Usually small bodyshoppers with 20 - 40 employees can't do that as their annual turnover is too small and hence the I140 gets rejected.
Ofcourse, as always, an experienced lawyer can advise you better.

Rasmeek
 
The company's Net profit in the past 3 years is more important for the cases filing as future employment rather than number of employees.

The company may have 100 employees, still if it's showed net loss, then the chances of approving the GC as future employee is very difficult.

But the company which has 30 employees and made a profit of 300 to 400 K then you need not worry.

They see the ability to pay your salary by your company, once you get the Green Card. Technically speaking, if they showed equivalent profit to your minimum Labor wages per year, the chances are more to approve your case.

Best of luck.


SREE
 
Originally posted by saivisa
Hi,

Thanks for info. Please answer the following in details....

What do you mean by RFE?
RFE - Request for evidence

In case if an RFE is raised at 140 stage, company B should respond to it ---How does the company B support...i mean what do they need to support....

Some of the RFEs raised during 140 stages are about company's financial statement, copy of approved labor, companies ability to pay, company's tax return statement etc.

These RFE usually goes directly to the company or to the lawyer who represents your case. These require your sponsoring company to respond within 45 days.

hth
dyno

Thanks,
Saivisa
Click to expand...
 
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