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Waiting on PERM LC approval... got a great job offer from another company. help
Hello,
BACKGROUND
I have been working for company A for two years (h1b); one of my negotiation points with company A was that they would initiate green card sponsorship after 1 year of service and I would be fitting the bill for all the fees (other than fees mandated by law to be paid by employer).
Currently we have spent about 8 months in the process to get my green card, we received prevailing wage and then submitted to DOL for PERM Labor Condition approval; currently waiting on that approval to submit I-140. (submitted in November 2014)
I am aware of Obama's Executive action and I believe that it will be of great benefit to me (obtaining EAD with I-140 approval and switch jobs easily without restarting process); however since USCIS have not released any of the rules or proceedings I cannot yet take advantage of the executive action and I strongly believe that there will be no way for me to benefit from it until at least March 2014 if they release the rules and regulations by then... which could even be later than that.
Now I am in a pickle; I could wait 4-5 months until the department of labor approves or audits my Labor Condition. Let's assume the former: I would then have to pay the I-140 expedite and hopefully get approval and by mid July be able to switch jobs (assuming Obama's EA is already effective).
However, Company A has been struggling in Finances for the past 3 months and I don't feel too safe at my job. I don't think anything will happen to the company until after I get my I-140 in July... but this is something that has gotten me thinking about my job stability in the future. Honestly the only reason I accepted the position with this company (and the lower pay than average for the same job) is that they would do my green card.
Fast forwarding to now; there is a big tech company in California who I interviewed in December and the recruiter has sent me a job offer with Company B... higher salary (by about 30,000 yr more) and of course there is plenty of opportunity for growth and stability for me if I take the job with them.
I don't want to restart the green card process since I spent my own personal money to do this process not to mention the past 8 months of waiting for the department of labor and all that which I am still waiting on the Labor Condition to be approved to finally formally request USCIS for I-140 approval.
THE QUESTION
Company A is a very small company (about 10 employees including myself) - and I have good rapport with management vs company B which is a giant company with over 30,000 employees worldwide. I am sure that the wiggle room to negoatiate or get my way in terms of a faster application for green card may be limited with Company B... although there is a very considerable salary increase for me.
Would it be possible to 'Change H1B employers' from Company A to B ... while we wait for the PERM LC to be approved and in such case it is, be working for Company B (under H1B) while Company A submits my I-140 and all paperwork for a 'permanent job offer' with Company A?
Thanks in advance for your input.
BACKGROUND
I have been working for company A for two years (h1b); one of my negotiation points with company A was that they would initiate green card sponsorship after 1 year of service and I would be fitting the bill for all the fees (other than fees mandated by law to be paid by employer).
Currently we have spent about 8 months in the process to get my green card, we received prevailing wage and then submitted to DOL for PERM Labor Condition approval; currently waiting on that approval to submit I-140. (submitted in November 2014)
I am aware of Obama's Executive action and I believe that it will be of great benefit to me (obtaining EAD with I-140 approval and switch jobs easily without restarting process); however since USCIS have not released any of the rules or proceedings I cannot yet take advantage of the executive action and I strongly believe that there will be no way for me to benefit from it until at least March 2014 if they release the rules and regulations by then... which could even be later than that.
Now I am in a pickle; I could wait 4-5 months until the department of labor approves or audits my Labor Condition. Let's assume the former: I would then have to pay the I-140 expedite and hopefully get approval and by mid July be able to switch jobs (assuming Obama's EA is already effective).
However, Company A has been struggling in Finances for the past 3 months and I don't feel too safe at my job. I don't think anything will happen to the company until after I get my I-140 in July... but this is something that has gotten me thinking about my job stability in the future. Honestly the only reason I accepted the position with this company (and the lower pay than average for the same job) is that they would do my green card.
Fast forwarding to now; there is a big tech company in California who I interviewed in December and the recruiter has sent me a job offer with Company B... higher salary (by about 30,000 yr more) and of course there is plenty of opportunity for growth and stability for me if I take the job with them.
I don't want to restart the green card process since I spent my own personal money to do this process not to mention the past 8 months of waiting for the department of labor and all that which I am still waiting on the Labor Condition to be approved to finally formally request USCIS for I-140 approval.
THE QUESTION
Company A is a very small company (about 10 employees including myself) - and I have good rapport with management vs company B which is a giant company with over 30,000 employees worldwide. I am sure that the wiggle room to negoatiate or get my way in terms of a faster application for green card may be limited with Company B... although there is a very considerable salary increase for me.
Would it be possible to 'Change H1B employers' from Company A to B ... while we wait for the PERM LC to be approved and in such case it is, be working for Company B (under H1B) while Company A submits my I-140 and all paperwork for a 'permanent job offer' with Company A?
Thanks in advance for your input.
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