Two greencards.... backup plan

[dgarstang]

All,

Currently working for company A. I-140 and I-485 submitted concurrently to CSC in July 2003.

Thinking of leaving company A and working for company B. Company B who are in a different state and much faster processing centre than company A would also start the green card process. That is, they'd start with the LC for now and then move onto the I-140 later on.

Given how long I have been with company A, my value to them as an employee, probably some sympathy for all the crap I've been through and the fact that the green card is an offer of future employment, company A seems willing to keep my green card with them going.

As I understand it I can have two LC's and two I-140's at the same time. I cannot however have two I-485's.

Therefore, when it comes to time to submit the I-485 with company B, if I have not reached the 'safe' point yet with company A (180 days past approval of I-140) I could make a decision to allow company B to file I-485. However, if I DO reach the 'safe' point with company A before its time to submit the I-485 with company B I could just go back and work for them.

I realised however last night that there's at least one snag. If I get an RFE on my company A I-140 asking for pay stubs or some other employment documentation, and I'm no longer an employee at company A.... what happens? Of course I don't actually need to be employed by my green card sponsor.... but... I was when the I-140 application was submitted!

Anyone ever done this? Any other snags I haven't thought of?

Thanks,
Douglas.

 

[PremChopra]

I don't think that to be a problem since Green Card is for future employment. You can have two applications processed parallel.

If you get RFE for pay stubs then you can show pay stubs for whichever employer you are working for. Also they might ask you if you want to use AC-21 and an employment letter from the sponsoring employer in that case your intent becomes that when you get your green card you would leave the current employer and join the company who sponsored you for green card.

So, perfectly alright, I don't see any problem there. The only thing you have to take care of is that if you get an RFE you need the sponsoring employer to give the reply in case USCIS need some letter or documents from them. Rest, do consult a specialist.