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If I have a H1B visa from a company A and if I apply for GC for a future job in company B(I hold an valid H1-B on company B also), Do I need to work for company B during or after the GC from company B? Any changes due to the AC21 rule?
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You have to work for the company at the time of the sponsoring of your Green Card until 180 days after the I-140 has been submitted, you can then change employer and the new employer can take over your Green Card processing. -
Experts help please!!!
Hi Lightan,
Is it 180 days after filing for I-485 or I-140, that one is alowed to change employers ?
Please clarify.
Thanks.Comment
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A green card is for a job in the future. If your I140 gets approved and at that time if the Company B sponsoring your I140 gives a letter stating that YES...you have a job "available" paying the salary quoted on the "LC" and "i140", then you can proceed with the I485. However, once the I485 is approved you have to work for the company B that sponsored your GC. If you dont', that tantamounts to fraud, and then at the time of your citizenship interview...or at any time if the INS realizes, they can revoke your green-card.
If your I140 application submitted by company B gets approved then you can ONLY use the Priority Date for that application, to process your GC thru company A or any other company for that matter. However, you have to do LC + I140 + I485. But, one advantage, you can "capture" the old PD.
If you had been working for company B, and if I140 had been filed for over 180 days, you could go to any other company, and that new company can pick up from whereever you are in the current GC process. But, 180 days should have passed since you filed for I140 and the job you take up with another company should be "similar"...Comment
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