Is it possible to continue my I-140 with my previous employer

R

rthaniks

Registered Users (C)
Hi All,
My visa status is H-1, I was working for Company A till Jun 2002. The company A has applied for my labor with California Service Centre in Mar 2001 under EB-2 category, and the same was cleared in April 2001. Then they filed for I-140 during last week of Jul 2002 and they got a got a query from INS to provide additional info to INS. Also INS has given some 3 months to reply, but company A didn't reply. I was continuously on project right from Mar 2001 till I left the company A. The company A is still existing. Also INS has extended the deadline till Aug 2002 to reply for their queries like financial statement of company A, and I have a visa validity till Apr 2004 with company A. Because of these reasons and also to take care of my survival I joined with Company B during last week of Jun 2002 and my H1 transfer is under procees for Company B with vermont service centre. Hope I have clearly explained my situation.

My questions are as follows:

1. Is it possible to continue the I-140 with company A if the company agrees to continue for my I-140 and the remaining processes, when I am working with company B. I will no more with payroll of company A.

2. Will it affect my employment with company B if your answer is possible for question # 1.

3. Will affect my Green card process with Company B if they company B start processing in another couple of months.

All my understanding is Green card process is only for future permanent employment purpose only, and H1 is for temporary employment purpose only.

Please advice. Thanks.

RT
 
Is it possible to continue the I-140 with company A if the company agrees to continue for my I-140 and the remaining processes, when I am working with company B. I will no more with payroll of company A.

2. Will it affect my employment with company B if your answer is possible for question # 1.

3. Will affect my Green card process with Company B if they company B start processing in another couple of months.

Answer to Q1. Yes, you can start your GC processing by Company 'A' , if they have not stopped it. It does not matter, if you changed your company from 'A' to 'B'. Green Card is for future assignment.
Answer to Q2. It will NOT affect your employement with company 'B'.
Answer to Q3. Company 'B' can also start your Green Card. It is not a problem.

Best of Luck.
 
Thanks for your reply. Yes, previous employer (company A) did not cancel it, and they are holding it. okay, if I continue my I-140 with Company A, at any point of time will INS ask for the pay-stub? If they ask , what should I say? This is somewhat critical situation I think.
 
Company A can continue with your I-140; the intention being that they will have the job for which certification was obtained by them waiting for you on completion of the green card process. They may also file for your I-485 and the AC 21 portability provision may enable you to work for Company B if your I-485 is not adjudicated upon for 180 days after receipt. If it is, you have to join back Company A. Of course you must be working in the same job classification for Company B.
Company B can certainly start your green card processing from the labor certification stage--but that may now take a long, long time in the soft economy, unless you apply as a NIW!
 
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