Can GC be done by "A" while H1 is with "B&

[gc4us]

Hi All,
Greetings. My situation is as follows....
I would really appreciate your input and thanks in advance...

My first entry to the US was in Feb 19, 1998 through Company-X

Later Company-A sponsored my H1 in April-2002 and is valid until Mar-2003.

Recently I joined Company-B [hoping, better prospects!!!]. In any case i have my 6 year term ending in Feb-2004. [Less than 2 years from now !!].

Interestingly, CompanyB has expressed concerns over filing my GC [stating various internal reasons......blah!! blah!!! blah!!!] albeit my job status is good with company-B as long as i am in their H1, which is valid atleast till my 6 year term expires [Feb-2004].

In this situation, considering the fact that my previous employer i.e, Company-A is willing to process my GC what are my options?.

1. Will there be any conflicts if i work for company-B and have Company-A do my GC while i am in the US?. The reason for this question is i am not sure if an employer in the position of Company-A can do my GC treating this as a normal "Future employment" candidate.

2. In the later stages, I-140, I-485 would there be any complications w.r.t documentation if i happen to have any RFE [paystubs et al] as i would not have any paystubs from Company-A.

3. If things are fine w.r.t Company-A doing my GC, would i be safer doing CP or just stay here optimistically.

4. Also in order to continue my GC with Company-A, i should have them extend my H1 after Mar-2003, right ??? [Their H1 expires at that time!!!]

5. Or is my assumption that Company-A has to have my H1 to do my GC wrong. Can they start and proceed the GC even without having my H1....

Please do let me/post if this is not clear or if you need more information...

TIA,
gc4us

[kw177]

Can GC be done by "A" while H1 is with "B&am

Not Legal Advice:

1. Will there be any conflicts if i work for company-B and have Company-A do my GC while i am in the US?. The reason for this question is i am not sure if an employer in the position of Company-A can do my GC treating this as a normal "Future employment" candidate.

Perfectly Valid. All GC's are for future employment. Never for current.

2. In the later stages, I-140, I-485 would there be any complications w.r.t documentation if i happen to have any RFE [paystubs et al] as i would not have any paystubs from Company-A.

No. See 1 above. Current employment is irrelevant to process.

3. If things are fine w.r.t Company-A doing my GC, would i be safer doing CP or just stay here optimistically.

Depends on how complicated your case is. As long as you have always been in status, are healthy, are not a criminal and have a genuine job offer letter either way will probably work. CP is much faster. Also put CP on I-140 as changing CP->AOS is muych faster then AOS-> CP.

4. Also in order to continue my GC with Company-A, i should have them extend my H1 after Mar-2003, right ??? [Their H1 expires at that time!!!]

If you still wish to work for them in your temporary capacity then their H1 must be renewed. If they can wait til you your EAD arrives or you do the CP then you don't have to renew.

5. Or is my assumption that Company-A has to have my H1 to do my GC wrong. Can they start and proceed the GC even without having my H1....

To work for Company A NOW you need H1. You do not need to be employed by your GC sponsor at any point during the GC process. You only need to start working for them when you get GC.

[gc4us]

Can GC be done by "A" while H1 is with "B&quo

Hi,
Greetings. I do understand that this is not a "real" legal response, but I really appreciate your time and answers. It was very helpful. I can think about other formalities to get this started, i guess. Keep up the good job.

Thanks and regards
gc4us

[muskuusha]

save my soul

hi gc4us

mine is same case too. pls add your latest develpoments about your case in this column. it will be a lot helpful to me.
looking forward for your reply.

thx in advance

[pakala]

Re: Can GC be done by "A" while H1 is with "

Hi, I'm working for a company 'A' as a full time employee.
Can i start my green card process with company 'B' without
having H1B with them in 'future employment' category.

Please advise and thanks in advance for your comments !!

[usp77]

Employer changed after Labor approved

HI KW177,
Could you please comment on my situation too.
1. My project got over on the 28th May- 2002
2. I got a letter from employer A saying that i have been terminated from the company with an effective date of 11th June giving me a notice of 14 days to go back to my Country.
3. But I managed to get another project through employer B and I started working for him. Now I also have a paystub from him.
4. Now I got a letter from employer A at around the end of 1st week of July-2002 saying that my Labor is approved.
5. Meanwhile around Mid of June-2002 employer A sent a letter to INS notifying them that I have been terminated from the company.

Heres what I am trying. (please let me know whether this will work)
1. I will join employer A again.
2. Once i am with employer A i will pursue with my further GC process of I-140 & I-485.

Is the following possible ?
1. Is it possible that my I-140 & I-485 application be accepted even though employer A has already notified the INS that I am terminated.
2. Is it possible that my I-140 & I-485 application be accepted even though I have a couple of pay-stubs from another employer in between.
3. Does any of the above 2 situations mentioned above hurt the GC processing?

Friends, I really need a true evaluation from your past experiences whether this whole thing works out.

Friend.

[justadesi]

Change of employer before I-140 & 485

Hello,

I am in a similar situation. My labor got approved last week, 2 months after I had left company A.

Now, company A is still willing to sponsor (do the paper work) for I-140 and 485. I am not confident whether I should continue my GC processing with them. The reason is that I don't want to work for them again.

Question1: Has any one successfully gotten a GC through company A while working for company B?

Question2: Is it compulsory to work for company A after I get my GC? Company A will not have any problem even if I don't work for them after I get my GC.

Please advise.

Thanks!

Cheers!

[justadesi]

gc4us

Hello gc4us,

Please give an update of your situation. Are you continuing with your GC thru company A?

Thanks,

justadesi