Clarification needed on PERM and GC

[ssbreddy]

Hi,

Following is my situation, I am consufed please help out.

There are 2 company (Capmany A & CompanyB). Both A & B are whole owned by parent company C. Company A & B have different FIN number.

I am employed with Company A which holds my H1B petition since Nov'2008. I was getting paystubs with company A till Dec 2009. Starting Jan 2010 I was payed by company B due to some administrative changes. My PERM was started and all recruitment adds were placed by Company B as I had the paystubs from CompanyB.My PERM is also filed under company B in october 2010. Since this month (December2010) I am being paid back by CompanyA.

The situation is that the PERM is filed by companyB and currently I am being paid by CompanyA.

My attoreny assistant told that we can change the company name during the AOS portability.

I request to see the above situation and let me know if this is approptiate.

[txh1b]

What is your status? H1b? If so, you cannot simply keep moving between a and B for administrative reasons without a valid H1b even if A & B are owned by C.

Something sounds fishy with the set-up that you have.

[ssbreddy]

I know it is confusing and have confused me too.

My currest status is H1B and Company A holds my petition and as well the LCA.

I know it is not quite right but not sure how to handle. My organization is a very big organization and hardly I can doubt on theit intentions as I have full support from my manager and HR too.

Not sure how to handle this situation or what sense to make out od this.

Is it possible that Company B applies for my PERM and I work with Company A and at AOS stage transfer the PERM from comapny B to CompanyA

[txh1b]

Possible after 180 days of I485 filing. Also, GC can be for future employment and need not be for current employer only.

How is a big firm moving you from company to another for admin reasons. Does not fit the bill of a good employer.

[ssbreddy]

txh1b thanks a lot for your reply.

I understand what you mean but the situation and the movement was unintentional.

For Ex: I was working for the IT under power department and due to some administration purpose all the civil engineers from power department (Company A) were moved to Construction department (Company B). I too was one amoung the move this was accidental and unintentional. And the PERM started when I was payed by Company B and now they put me back to Company A and the PERM process is still on. In the PERM application it was mentioned that I am employed with CompanyB when the they filed for it and I was indeed payed by companyB at that point of time. I brought this issue with the law firm and they are confident that it is possible to port the right employment entity at the time of AOS portability.

Hope fully it wont create any issues during I140 and I485 stage. Cant do anything now rather then just wait and watch.

Thanks again for all your help and reply.

[txh1b]

Did they ever file for the H1b from B while you were being paid by them? I am afraid you have unauthorized emplyment from company B and will cause issues during your GC process. You need to discuss this with an immigration attorney (Other than the one from your company)