Need clarification

[shre]

Details..
I-140 ND - 10/08/2003
I-140 AD - WAITING FOR APPROVAL..
I -485 ND - 12/05/2003
EAD/AP - Approved - 01/21/2004
FP - 05/11/04
FP Updated Date - 06/08/04

Senior members can help me out in clarifiying my situation ...

I have an offer from company B. If company A agrees to continue my GC processing, can I join company B on H1B ( H1B transfer) and when I get my GC , can I activate it and continue to work with company B. What would be the legal complications..

 

[curiousGeorge]

The GC is for future emaployment. It all depends on which company you will work for at the time that your I-485 gets adjudicated, and nobody can tell you for sure when you will be adjudicated.

If you plan to be with Company B at the time that your I-485 will get adjudicated, then you would need to quote AC-21 and Company B needs to continue the GC process for you. You would need to get an EAD to change companies.

If you plan to be with company A at the time that your I-485 gets adjudicated, then you still need an EAD in order to work for for company B until such time.

Be forwarned that at the time of the adjudication the officer may ask you for proof that you are still working for Company A. If you are not working for Company A, then Company B needs to have a similar job and pay, and they need to see proof of the emplayement at Company B, usually in the form of paystubs and tax returns, along with a quote from AC-21.

 

[Sabu]

I am not a senior member. But I will try to answer your question.

I guess your I-140 petition is filed by company A. Am I right? You are safe if you transfer H1B and work for Company B. Meantime Company A can continue the process. Greencard is for the future job.

AC 21 memo says that employer must have intention to hire the employee at the time of I-140 approval. But you can always say/argue that after I-140 approval, you and/or your employer changed the mind. (If you are not going for citizenship, then no need to worry about this at all. Just go ahead)

After your I-140 approval, you can send AC21 letter with new employer offer letter. In worst case, you will get RFE in I-485 to prove that your old employer is still willing to hire you. That time, if company A gives you a letter, you will be fine.


Just my views.

naanshi.