Is it mandatory to be on the payroll of a company which is filing I-140?

[mchandu99]

Hi,

I'm in the process of starting my green card process and I need some help from the experts here.

I'm currently working as a full time employee of an American company, lets say 'X'. My H1B will expire on 20-DEC-2010 (1 1/2 year still left). I'm having talks with company 'X' to sponsor my visa. Meanwhile, I have contacted another company 'Z', a company with 10 to 20 employees, for sponsoring my green card. So my questions are as follows.

1. Can I process my green card processing from 2 companies at the same time.

2. I don't intend to quit company 'X' till the market recovers. So, is it mandatory to be on the payrolls of company 'Z' at the time of filing I-140? By the term 'FUTURE EMPLOYMENT', I was thinking (read HOPING) that I can join a company only after I get my green card. Can't I join company 'Z' only at the time of I-485?

3. If for some reason company 'X' is not willing to sponsor my green card, can I extend my H1B with company 'X' based on the green card process of company 'Z'?

I would be very grateful if someone can answer these questions.

Thanking you in advance.

Chandu

[mchandu99]

Please reply

Seniors,

I would appreciate if you can answer my questions.



Thanks


Chandu

[txh1b]

1. Yes
2. Not mandatory but beneficial as the issues about ability to pay could be addressed if you already are getting paid in PAR.
3. Yes

[mohan77]

How can one apply Green Card from two different companies? If I am on H1, then I am allowed to work for only my current employer (who can file for GC).

[txh1b]

How can one apply Green Card from two different companies? If I am on H1, then I am allowed to work for only my current employer (who can file for GC).

Are you asking a question or saying something?

[mohan77]

I am asking the question.

[txh1b]

Then it has been answered as per the original post. You need not be working for a company for them to sponsor your GC as it is for future employment.

[mchandu99]

Thanks

Senior member....thank you very much. Really appreciate your prompt response.

[Ammu82]

Similar Situation

My husband is also in a similar situation. I would greatly appreciate if anyone can respond to mchandu99's questions?

Thanks,
Ammu

[txh1b]

My husband is also in a similar situation. I would greatly appreciate if anyone can respond to mchandu99's questions?

Thanks,
Ammu

Did you read the thread and the replies?

[Ammu82]

Thank You

Sorry, I did not see your reply earlier, somehow I missed it.

Thanks a lot for clearing these doubts of us. I appreciate your help.

Thanks,
Ammu

[Ammu82]

More clarification

txh1b:

I need few more details on the above answers.

Could you please elucdiate on the third question. Under what conditions does the current company agrees to extend H1-B.

After I get approval from second company, when do I need to go back and work for them and for how long.

Thanks.

[txh1b]

What approval are you talking about? The requirement is for you to work for the GC sponsor after the GC is approved. 140 approval from a GC sponsor for future employment is possible provided they are profitable and can prove they can pay the salary.

USCIS has cracked down on small companies that have applied for 100s of I140s while they hardly have 25 people on payroll.

[Ammu82]

Thanks for responding

Hi txh1b,

My doubt is - if the labor with company y is pending, can company x extend my husband's H1 based on this pending labor?

Or take the case if the labor is approved and I140 is not yet approved,can company x extend my husband's H1 based on this pending labor?

Or take the case if the labor is approved and I140 is approved and if it has not yet passed 180 days,can company x extend my husband's H1 based on this pending labor?

Thanks,
Ammu

[txh1b]

Yes, if the labor was applied 365 days prior to 6 year completion on H1b and
Yes and same condition as above,
Not sure what this third option is. You say Labor and I140 are approved and then labor is pending 180 days. Irrespective of it, if labor and I140 are approved and PD is not current, H1b can be extended for 3 yrs after the 6 years with any other company provided that offer of permanent employment still remains.