Please advise! H1B transfer issue

Q

quickdraw27

Registered Users (C)
I am presently working for a firm A on an H1B. I move to firm B who is presently processing my labor certification. I start working with firm B, firm B transfers my H1 to his company's name, file for my I-140/485/AP Skilled Worker Category. I get my I-140 approved through firm B, receive my EAD and at that point, (after 6 months have elapsed etc. and I go back to work in a similar capacity..etc.) I move back to firm A. Now Firm A has given me a "Leave of Absence" during that time for personal reasons. Am I committing any kind of fraud in my H1B transfer here? Can I legally continue my I-485 processing with Firm A and receive my Green Card?

Thanks for your help!
 
Hi quickdraw,

From your post, I understand that your original H1 was transferred from A to B, and B also processed your GC upto and including the I-485. Now, you are using your EAD to go back to work for Firm A in a similar capacity as that specified in your GC processing with B.

If I have understood you correctly, then there seems to be nothing wrong in what you are doing - as you are using your EAD and the portability rule to take up a job. As far as I know, it is the same as taking up an EAD-based job with firm C. The I-485 is specific to you and not the firm, so firm A would not come into the picture.

If the 'leave of absence' poses a problem it should be for firm A and not for you specifically.

Of course, this is my opinion and like the others here, do not have legal training. Please consult an attorney (possibly firm A's) before taking any major steps.

Originally posted by quickdraw27
I am presently working for a firm A on an H1B. I move to firm B who is presently processing my labor certification. I start working with firm B, firm B transfers my H1 to his company's name, file for my I-140/485/AP Skilled Worker Category. I get my I-140 approved through firm B, receive my EAD and at that point, (after 6 months have elapsed etc. and I go back to work in a similar capacity..etc.) I move back to firm A. Now Firm A has given me a "Leave of Absence" during that time for personal reasons. Am I committing any kind of fraud in my H1B transfer here? Can I legally continue my I-485 processing with Firm A and receive my Green Card?

Thanks for your help!
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