Labor Substitution - Future Employment

[member77]

Hello Friends,

Please advice...

My orignal 140/485 was denied based on company(A) financial ability to pay.
I have a company(B) I worked with in past they have a pre approved labor and want to help me. They are willing to file my new I140/EAD/EAD based on the labor they have. I can't leave my current employer for some time based on contractual obligations.

Can someone please suggest when am I suppose to join the company B without affecting my new green card process?

 

[JS485]

Hello Friends,

Please advice...

My orignal 140/485 was denied based on company(A) financial ability to pay.
I have a company(B) I worked with in past they have a pre approved labor and want to help me. They are willing to file my new I140/EAD/EAD based on the labor they have. I can't leave my current employer for some time based on contractual obligations.

Can someone please suggest when am I suppose to join the company B without affecting my new green card process?

Technically employment based green card is based on future job. So you are not required to join the sponsering employer till your AOS is completed.
Please correct me if i am wrong.
Also make sure you have exact education and experience as specified in the labor you want to substitute. You must have this education and experience before the priority date (When labor is filed). If you have it you are good to go. Don't forget to send ETA750B for yourself with 140 application, its required in substitution cases.
thanks