Plz help: Change companies before I-140

N

nsr2004

Registered Users (C)
I am in a peculiar situation and wanted to take the suggestion of you gurus:

I work for a company A (a big consulting company > 6000 employees) which filed my Greencard ND 03/16/04. I got my EAD, I-140 not approved yet and of course 485 also pending. I work at the client's place Company B. Since company B is removing contractors due to budget, they are putting pressure on me to join them. I know it would be extremely risky to change companies before I-140 is approved and it would be better to stick to the company for some more time ( 2 1/2 months for 6 months to complete after 485 filing and hopefully a chance that 140 might be approved soon). I have the following choices and wanted to your opinion:

1. Stick with the company A till GC is done...(Best option)

2. Change to Company B using EAD. Since company A is a vendor of Company B(big company with lot of consultants from company A), have some kind of understanding from company A that they would continue my GC and will not withdraw my 140. Work for Company B till 140 is approved and, as 6 months will pass from the time of 485 filing. What kind of RFE’s generally a person get for 140 Stage? Is it more to do with the employer's information? ( I did send in my EVL for my bachelor's in Computer science 4 yrs)
If the RFE issued for 140 is employer's information, I am safe. I can have the company A reply to that RFE. If it has to do with my pay stubs, I am screwed, since it would clearly have company B's name.

3. As an hypothetical case: If I change from company B to company C after my 140 is approved and before 485 processing, any RFE's issued will be answered by Company C. Since I will not mention company B's name and will file AC21 with Company C's information, will I be safe in terms of not showing INS that I changed company before 140 approval?

I know any process taken with INS is a chance. I wanted to know the opinions of you experts in this regard. Any information appreciated.

Thanks, nsr2004 :confused:
 
nsr2004 said:
I am in a peculiar situation and wanted to take the suggestion of you gurus:

I work for a company A (a big consulting company > 6000 employees) which filed my Greencard ND 03/16/04. I got my EAD, I-140 not approved yet and of course 485 also pending. I work at the client's place Company B. Since company B is removing contractors due to budget, they are putting pressure on me to join them. I know it would be extremely risky to change companies before I-140 is approved and it would be better to stick to the company for some more time ( 2 1/2 months for 6 months to complete after 485 filing and hopefully a chance that 140 might be approved soon). I have the following choices and wanted to your opinion:

1. Stick with the company A till GC is done...(Best option)

2. Change to Company B using EAD. Since company A is a vendor of Company B(big company with lot of consultants from company A), have some kind of understanding from company A that they would continue my GC and will not withdraw my 140. Work for Company B till 140 is approved and, as 6 months will pass from the time of 485 filing. What kind of RFE’s generally a person get for 140 Stage? Is it more to do with the employer's information? ( I did send in my EVL for my bachelor's in Computer science 4 yrs)
If the RFE issued for 140 is employer's information, I am safe. I can have the company A reply to that RFE. If it has to do with my pay stubs, I am screwed, since it would clearly have company B's name.

3. As an hypothetical case: If I change from company B to company C after my 140 is approved and before 485 processing, any RFE's issued will be answered by Company C. Since I will not mention company B's name and will file AC21 with Company C's information, will I be safe in terms of not showing INS that I changed company before 140 approval?

I know any process taken with INS is a chance. I wanted to know the opinions of you experts in this regard. Any information appreciated.

Thanks, nsr2004 :confused:
Click to expand...

It will be very risky. Even if you do not get RFE on 140, still USCIS can create problem in 485 stage. For RFE on 485 - company has nothing to do with it - you will have to take care of it - so C is not in consideration. I will not suggest you to do it.
 
Hi nsr2004,
Your company A(Current company) is processing your GC on current employment and not on future employment, so you need to have paystubs only with company A inorder to respond to an RFE raised by INS regarding your case.

If you join company B, then any RFE raised by INS, wouldnt hold good as Company A, might not even respond clearly since your paystub is not being generated by Company A.

Before 140 gets approved, its very much RISKY to join any company, since any denial on 140 would make your EAD invalid, thereby putting you on OUT OF STATUS the very same day.

Then even company B, wouldnt employ you, so you are fish out of water. I would suggest you to stay with company A, atleast for next 4 to 5 months to get your 140 cleared and then join any other company.

You say that your company is a big company(>6000 employees), cant they not find you a project if company B, lays you off..

Its finally your decision. Jharkhandi, am I right??

Want GC Soon :)
 
Want GC Soon said:
Hi nsr2004,
Your company A(Current company) is processing your GC on current employment and not on future employment, so you need to have paystubs only with company A inorder to respond to an RFE raised by INS regarding your case.

If you join company B, then any RFE raised by INS, wouldnt hold good as Company A, might not even respond clearly since your paystub is not being generated by Company A.

Before 140 gets approved, its very much RISKY to join any company, since any denial on 140 would make your EAD invalid, thereby putting you on OUT OF STATUS the very same day.

Then even company B, wouldnt employ you, so you are fish out of water. I would suggest you to stay with company A, atleast for next 4 to 5 months to get your 140 cleared and then join any other company.

You say that your company is a big company(>6000 employees), cant they not find you a project if company B, lays you off..

Its finally your decision. Jharkhandi, am I right??

Want GC Soon :)
Click to expand...
Yes dude. You are always right and I like elaborations. :)
 
hi ,
I am in a similar position..
But if 6 months is completed after filing 140/485 and 140 is not approved and we change the employer with the assurance that the previous employer will not revoke it. it should not be a problem right?? IF there is a rfe the previous employer will respond to it..is it required to be on the payroll of the sponsoring company??
please advice
 
Thanks Jharkhandi and Want GC Soon for your replies.
I totally agree that it's risky to change companies before 140. I was looking at the worst case scenario, where Company B (Client) wants to hire you , and company A ( American consulting company) will look for a project and fire you at will sometimes. I was thinking if it would help to join Company B and stay with them and have them control company A for replying to RFE's.
I thought all GC were filed for future employment, you can be working for that company but it's not a requirement?
Do you, even hypothetically consider this option to be ok, if I get the assurance from company A ( probably in writing) that they would continue my GC to completion?
 
Hi,
Answering to your question regarding future employment and present employment..

Future employment: Not many companies come forward to do it, as everyone wants to make money from day one(the day you join the company).

If you are rest assured that your Company A, wouldnt screw up responding RFE and withdrawing your I140 then you can join company B at your will. But americans are good as long as you have a project(Not like our F****** desi companies).. They Hire/Fire.. They keep you on the top of the world when you have a project and then immediately fire you once your project is done(say nice working with you)..

You should however get in touch with Company A, to find you another project when you roll out of this one..

Good Luck..

Want GC Soon :)
 
Hi Rock,
Now replying to yours.. 6 months after filing 485 doesnt necessarily guarantee you an I140 approval. So, jumping to another company after 180 days is still RISKY at your end. The employer can revoke it(most of the time they dont) as they can even substitute your approved 140 to another consultant in the same company for a better deal($$$$$$).

Its upto your employer whether he responds to RFE immediately. As you might be aware of our desi companies(wont even respond to RFE's on their own, until you kick their ass), so how do you ever think that they would respond to your query when you are not earning them any income(does it make sense)..

If you have good faith on your current employer and if you believe him doing it for you(responding to queries), then go ahead.. Good Luck..

Want GC Soon :)

rock1
Registered User Join Date: May 2003
Posts: 106

hi ,
I am in a similar position..
But if 6 months is completed after filing 140/485 and 140 is not approved and we change the employer with the assurance that the previous employer will not revoke it. it should not be a problem right?? IF there is a rfe the previous employer will respond to it..is it required to be on the payroll of the sponsoring company??
please advice
 
nsr2004 said:
Thanks Jharkhandi and Want GC Soon for your replies.
I totally agree that it's risky to change companies before 140. I was looking at the worst case scenario, where Company B (Client) wants to hire you , and company A ( American consulting company) will look for a project and fire you at will sometimes. I was thinking if it would help to join Company B and stay with them and have them control company A for replying to RFE's.
I thought all GC were filed for future employment, you can be working for that company but it's not a requirement?
Do you, even hypothetically consider this option to be ok, if I get the assurance from company A ( probably in writing) that they would continue my GC to completion?
Click to expand...
But you are using EAD to change jobs and not H1b visa! It goes against AC-21.
 
Yes Jharkhandi, you are right again. AC21 can be applied only after 180 days after 485 which he hasnt completed too..

Its all the MORE RISKKKKKKKKKKKKKKKKKYYYYYYYYYYYYYYYYYYYYYYYYY.

Want GC Soon :)
 
Thanks Want GC Soon.. i understand the risk involved especially with desi companies...but i just wanted to make sure if its technically possible to change jobs if the employer is ok with it...Also i am doing it with h1 transfer ..so i will not have to use EAD..

thanks
 
I agree with WantGC.

I had similar situation where i had to take an offer with my client because I was working there was a contractor for 4 years.

I transfered my H to the new company and since I am on good terms with my last employer who filled my green card is still continuing to process my green card. The new employer wants to do AC21 after I get my approval. And both new and the last company is aware of that.

I would advice as long as you have time on H1 go with the transfer and keep the GC processing with your past employer. Once 140 is approved ask new employer to do AC21. Do not use EAD if you have time left on H.

I have checked this couple of lawyers and they didn't see it as a conflict.

That just my opnion!/
 
Whatever the problems are but final question comes to whether your employer can support you even if you desert him. If you have that confidence/promise then there will not be any harm or problem. Before I-140 approval (or 180 days of I-485) you are at the mercy of employer.

Taking it writing never helps. Some one cannot give you the promise of green card. In green card process he is giving the promise of the job through which you are applying for GC. He is giving the promise that he has valid offer and intend to employ you at that position in good faith. If he states that he will process the GC irrespective of you join him or not then that promise itself goes against statute.

What ever you are trying to do is an understanding between employee and employer which is being facilitated by the fact that BCIS taking extra time (> 6 months) for processing I-485 applications which otherwise would not possible.
 
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