Urgent help needed - PERM filing on future employment

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needgcnow722

New Member
I have a couple of very important questions about GC on future employment basis.
1) If I work for company A and company B is ready to file my GC, can they do that legally while I still work for company A and never worked for company B before?
2) When company B files my GC on future employment basis, do they have to explicitly say that this employee is not working for us at the moment but will work in future for us?
3) If company B files PERM and then I-140, can company A file for H1B extension based on company B's labor filing date so that I can continue working for company A until I feel comfortable to move to company B? Also is it legal for company A to file for H1B extension for such employee whose GC is in process through another company?

Please reply to me urgently because answer to these questions are very vital for my H1B situation since it is expiring in 18 months from now.

Thanks a lot
needgcnow722
 
1) If I work for company A and company B is ready to file my GC, can they do that legally while I still work for company A and never worked for company B before?

Yes. That's fine as long as company B can document that they have the abliity to pay you the wage as of the date the LC is filed.

2) When company B files my GC on future employment basis, do they have to explicitly say that this employee is not working for us at the moment but will work in future for us?

There is a box on the PERM petition in section "J" that asks if the alien is currently employed by the petitioning employer. Of course they would select "NO" to this question.

3) If company B files PERM and then I-140, can company A file for H1B extension based on company B's labor filing date so that I can continue working for company A until I feel comfortable to move to company B? Also is it legal for company A to file for H1B extension for such employee whose GC is in process through another company?

I believe this is acceptable but I would consult an attorney about it if I were you.
 
I have a couple of very important questions about GC on future employment basis.
1) If I work for company A and company B is ready to file my GC, can they do that legally while I still work for company A and never worked for company B before?
2) When company B files my GC on future employment basis, do they have to explicitly say that this employee is not working for us at the moment but will work in future for us?
3) If company B files PERM and then I-140, can company A file for H1B extension based on company B's labor filing date so that I can continue working for company A until I feel comfortable to move to company B? Also is it legal for company A to file for H1B extension for such employee whose GC is in process through another company?

Please reply to me urgently because answer to these questions are very vital for my H1B situation since it is expiring in 18 months from now.

Thanks a lot
needgcnow722


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Hi- Did you find answers for your above post? I am in the same boat. Please let me know. Thanks.
 
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