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PERM filing on future employment basis

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  • PERM filing on future employment basis

    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.
    needgcnow

  • #2
    zz
    Originally posted by needgcnow
    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? YES2) 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? Not necessary
    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?
    If you are within 6 years threshold of H1, company b 's reference not necessary. Also is it legal for company A to file for H1B extension for such employee whose GC is in process through another company? what you mean by this question?????
    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.
    needgcnow

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    • #3
      Hi GreatGuru,

      Thanks for the replies.
      Let me rephrase my question 3.
      3) If my future employer files for my labor before 5yr anniversary and then subsequently file my I-140 in the 6th year, can my current employer file for an extension at 5.5 yrs of my H1B for the 7th year based on the labor filing date of my future employer? Is this considered legal i.e. current employer filing for extension based on labor filing of an employee's future employer?

      Thanks

      Comment

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