Need help - Job Change using AC21 - I140 Copy issue

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gckosam_1

Registered Users (C)
All Guru's

My situation is littile different,

I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me a offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.

I have only 2 options:

1) Take the Copany B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK

2) Do not take the Company B offer (but this is very good offer)

Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance
 
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Take the offer , join company B after 180 days ( use EAD with company B ). Once you join company B communicate with your attorney/company A to get 140.
 
Thanks Antzz - One quick question

So you are advicing me to join Company B and be on Company A bench for 15 days parallely to get my I140 copy - running payrolls from Company A (compnay A pays on bench) and B is OK ??? - becuase If I start using EAD for Company B my H1b will be invalidated - Please advice

antzz said:
Take the offer , join company B after 180 days ( use EAD with company B ). Once you join company B communicate with your attorney/company A to get 140.
Click to expand...
 
If Company 'A' cancel my I140 - Can I respond RFE w/o I140 copy

TheRealCanadian,
I am worried if I get any RFE (If my compnay A cancels my I140 and as of now I am not planing to inform USCIS about job change), to respond to that RFE do i need to furnish a I140 copy ???

One more question:
If I decided to inform USCIS that I am change employer using AC21, Do I need to send my I140 copy along with other paper work???

Please Advice.....

TheRealCanadian said:
Why do you feel that you need a copy of your I-140?
Click to expand...
 
gckosam_1 said:
I am worried if I get any RFE (If my compnay A cancels my I140 and as of now I am not planing to inform USCIS about job change), to respond to that RFE do i need to furnish a I140 copy ???
Click to expand...

Why would you need to? USCIS already has your approved I-140; they won't need a copy of what they already have.

If I decided to inform USCIS that I am change employer using AC21, Do I need to send my I140 copy along with other paper work???
Click to expand...

No.
 
Do you really have to wait 180 days to transfer to a new employee, if you have your I140 approved and EAD in hand?
 
If the I140 is approved a year back and 180 days is not complete for I485 then do you mean still employer can withdraw I140 ?.
 
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