Working for company A and filing GC with other company

D

dadimahesh

New Member
Hi,

I am working for company A but my company say that there wont file GC , So I want to file my GC with company B. Is it possible?? If so whether I have to change to Company(B) in any stage of GC processing??

Please help me.
 
GotPR

Can you please explain in detail how someone can apply for GC through one employer while working for another employer.

I am in a similar situation. I work for an MNC based in US. I am having great difficulty convincing my employer for GC sponsorship.

Please help. Thanks in advance
 
The GC is for future employment. You can be abroad doing nothing while your GC is processed or work in the US on a temporary visa, immigration law doesn't care.

Basically, you work for company A on H1b or L1. Company B files a labor cert with your name on it. Once it is approved, company B files an I140 and you can either file for adjustement of status at this time or for consular processing.

There is a point where you have to work for the sponsoring employer. And that point is the day you become a permanent resident.

So, if you work for company A, and company B sponsors you, you have to switch to company B right around the time that your I485 gets approved. At that point you have to show that you have the intent to work for company B 'permanently'. Permanent in the eyes of USCIS is anything over 3 months and you can't take any actions that make clear that you are planning to leave company B immediately (e.g. by just taking a leave of absence from company A, work for company B for 2-3 months while keeping your employment contract with company A).

In the case of consular processing, you have to start working for company B immediately after entering on your immigrant visa. And again, you have to stick with company B for a little while so you don't get your a## reamed at the citizenship interview 5 years later.
 
If some one does not change to company B even after getting green card and stays with company A.
1. What are the consequences for applying citizenship? According to hadron, GC will be revoked. Does not GC holder have free to change job the day someone gets greencard?

2. If that is the case, can GC holder go back and work for company B (GC sponsoring company) more or less >=3 months even after getting GC >= 1 year period?
Or does someone have to start to work immediatly for sponsoring company B?
 
> According to hadron, GC will be revoked.

It MAY cause problems.

> Does not GC holder have free to change job the day someone
> gets greencard?

You have to have the intent to work permanently for the sponsoring employer. There is precedent in INS case law that demonstrated that after 90 days the service will RARELY find that the intent was violated, after 30 days they will OFTEN find that the intent was violated.
(there will be a couple of know it alls who will post replies denying this fact, take it for what its worth)

> Or does someone have to start to work immediatly for sponsoring
> company B?

You have to work for them once you enter on immigrant visa or once AOS is approved.
 
Thank you Hardon answering those facts. However, I still have a question.

Scenario: Lets say some one does not work for GC sponsoring company right after few days of GC approval. But some one goes back to GC sponsoring company after 1 year of Green card receival time. Will it be strong proof that intent to work is not violated?
Going back to GC sponsoring after 1 year of GC does not make no sense?
 
Don't know the answer to that scenario. To the best of my knowledge, USCIS looks at the intent at the time of green-card issuance.
 
Help for H1B With Job change

Hi,
I'm in to fifth year extension of H1B. My i-140 approved with company A. I want to move to company B, who are willing to sponsor my green card.

My concern is
1. Will i be getting the same priority date.
2. My LC is approved as Oracle,Java programmer and the new role is Oracle security and risk management. would that be a problem.

Many thanks in advance
 
Company proceeds with GC while I am in India

I have a similar situation.

I worked in the US for 6 years, and then returned to India in 2003.

My employer filed for GC in 2003 and continued the processing. LC is approved. I140 is over. Currently my priority date has become current and NVC has sent it to Chennai.

I worked for a different company in India. I will not be able to produce W2, or tax filings also may not be relevant. I am still in India.

I guess I should do consular processing right?

Can someone guide me as to what all documents are required?
What are the questions&answers that I need to keep in mind?
 
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