Problems with I-140 stage

P

prachew

Registered Users (C)
Hi all
Can somebody clarify this for me?

My friend's company is willing to file GC for me since my current employer's LC is pending for about 3 years. However, he says that i need to join him by doing a H1 transfer as soon as LC is filed. He says if i do not, then i will have problems in the I-140 stage. Is this true? If so what kind of problems? Point to note is, i'm on my 7th year extension and my current employer will certainly withdraw the LC once i leave them. What are my options? Thanks
 
GC is for future job...you NEED NOT join the employer till your AOS (I-485) stage is approved.
There are no implications on I-140 provided you have maintained lawful employment status all through. Even if you have not, there are ways to handle that as well.

Long and short of it, what your "friend's company" is saying is not true at all.

Good luck!:)
 
prachew,

You can file GC with a company for which you are not currently working. GC is for future empoyment and it is not for current employment.

I'm sure that company is trying to take you on board so that they can bill you and make money.

And again, you dont need to join that company until you get your GC. But you need to join them once you have your GC, otherwise you might face problems when you apply for Citizenship.
 
As posted above, you don't really need to join a company to be under their umbrella for GC purposes.

But if your friend's company has a pre-approved labor that fits you, and is willing to transfer the LC to you, it might be worth it transfer. But the decision is definitely up to you.
 
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