Please help as I am in URGENT need of advice for my GC Process

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needhelp1

Registered Users (C)
Hi Friends,
   I am on H1B and presently working for a \'X\' client and my LC is filled by my \'Y\' consulting firm and I am waiting for my LC approval( LC filled on April 30, 2001 in NJ ).
   My client is demanding that I take up a full time position and they have asked me to decide in a day or two. I am totally confused and disturbed as I don\'t know which way to go as my consulting company is very bad in paying people on bench. I have been advised of all the below options by my friends. Please suggest me which option is best and safe for my GC processing and if you have a better suggestion then please kindly let me know asap.

   1.) Is it possible for me to continue my GC processing with \'Y\' and transfer my H1 to \'X\' or I will have to start a new LC process all over again after switching to the \'X\' company?

   2.) Can I make use of my LC Approval of \'Y\'(Only once approved) and file my I140 with \'X\' ?

   3.) Wait until I140 is cleared and then after filling for I485 from \'Y\' then make transfer your H1B to \'X\'?

   4.) Wait until 180 days after filling for I485 from \'Y\' and then switch to \'X\'.
   
   Thanks in advance.
   needhelp1
 
No Title

1.) Is it possible for me to continue my GC processing with \'Y\' and transfer my H1 to \'X\' - YES, you can do that!

or I will have to start a new LC process all over again after switching to the \'X\' company - NO, not necessary if "Y" continues with your GC process. You could also have one old petition with Y and the other new one with X.

2.) Can I make use of my LC Approval of \'Y\'(Only once approved) and file my I140 with \'X\' ? - NO, LC is a job and company specific.

3.) Wait until I140 is cleared and then after filling for I485 from \'Y\' then make transfer your H1B to \'X\'? You do not have to work for a sponsoring company until you get your GC, so this is unecessary.

4.) Wait until 180 days after filling for I485 from \'Y\' and then switch to \'X\'. Possible and most likely, but definitive INS directives are not out yet.

I would go for 1 or 4. Good luck!
 
Option 4 would seem to raise major issues of intent

I\'d avoid that if possible. I really don\'t think INS would believe that you intended to rejoin "Y" under these circumstances.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
No Title

So you guys are telling me to opt for Option 1 i.e.,
I should make sure to continues my GC process with my consulting firm and then I can switch my H1B to my client and I can start a new petition from my client too if necessary.

Thanks a lot for your help Marta and Jim.

needhelp1
 
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