Please advise - what should I do?

P

phildis

Registered Users (C)
Guys here is my situation. Working for a big company A on H1. A year back, as A was not willing to sponsor GC, I got it sponsored by company B as a future employee. It's Labor substitution, Concurrent Filing, I-140 approved, got the EAD, no FP yet, I-485 RD is Jan 2003 and service center is TSC.

I understand that there is a risk in getting my GC thru B approved, as I have no more intention to work for B as Iam doing very well in my current job. Also my 6 year period for H1B ends in May 2006. As TSC is known for creating guinness records, I may not get my GC approved before May 2006.

Now if I ask A (my current employer) to sponsor my GC they will most probably do that. A doesn't know that my GC is being sponsored by a another company.

Now what are my options:

1. Do nothing, wait till the GC gets approved. And then switch from H1 status to Permanent Resident status with Company A. In case my case gets delayed beyond my end of 6 yr period with H1B (due to RFE or the regular slowness of TSC), then start using EAD to work with A.

2. Ask A to process my GC separately and wait. If the GC thru B gets approved without any problem, ask A to abandon the GC process. IF there is a problem with the GC approval thru B, then abandon GC thru B and wait for the approval of GC thru A.

3. Explain A's attorneys that GC is being processed by B and ask them the solutions. (They may not be very co-operative)

4. Explain A's attorneys that GC is being processed by B and ask them to file for new I-485 by linking it to the approved I-140 thru B. Iam not sure if they would say yes. (note that I don't work any more on the skillsets that's mentioned in the LC thru B).

5. Are there any other options worth considering?
 
Who is the I-140 approved for, A or B?

If it is B, simply AC21 to A which will require a future employment letter offer from them.
 
Thanks Exile_2001 for your reply.

I-140 is approved for company B. Company A (my current employer) has not started my GC process yet.
 
You will need to decide whether to be upfront with them. All you need from them is an EVL stating you are working for them now and they intend to continue employing you in the future. Covers all the options and you won't need another letter from them.

How you get them to do that is the tricky thing. You can simply say that you need it for your green card process and hope they do not ask any questions. Or you can tell them that the process has been done elsewhere by a friendly and you love A so much you would never leave them and can you have their babies please.

Depends very much on your relationship with your manager and the overall attitude of the company as to whether the first option will fly.

Good luck.
 
Thanks again Exile_2001.

I can get the Employment Verification Letter (EVL) as my manager is friendly (only the Attorneys are not so). As soon as I get the EVL what should I do? Are you suggesting the first option that I mentioned?
 
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