Not having to work with future employer

ahtraps

New Member
Hi,

I am working for company X in a "slow state" where it is unlikely to get GC in the near term! My friend's company Y in a "fast state" agrees to file for my GC as future employee. However I prefer to remain as employee of X even efter getting GC from Y. My friend agrees to this. My questions are:

1. Is this allowed? Are there any risks here?

2. Will this pose a problem in I-140 or I-485 stage?

3. Can I maintain both H1 from company X and 485/EAD from company Y?

4. If 3 is not allowed, then can I continue on H1 of company X without using 485/EAD of company Y till I get my green card.

5. I heard that there is a requirement to work for a GC filing company for 6 months once the applicant enters the 485 stage. Is this correct?


My friend has agreed, if it Ok by law, to keep me on his (company Y) payroll while I still continue as employee of X during the 6 months. But I have to pay taxes on this amount, right?

Is there anything else that I have overlooked?

tx
Andy
 
My friend has agreed, if it Ok by law, to keep me on his (company Y) payroll while I still continue as employee of X during the 6 months.
Your friend is going to pay you for 6 months, while you work for someone else? Wow, that's some friend.
I think BCIS would consider this fraud.
 
imho intention is key

my guess is that it depends on your and your friend's intentions. if you honestly intend to work for his company in a permanent position, but later change your mind after taking advantage of AC21 portability to go with another employer, it should not be a problem.

however, if your intention, as you have stated in this forum, is to never work, and for him never to employ permanently, then you are committing fraud.

i'm no lawyer though....
 
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