Future Job based GC question

[natr_2002]

Hi All,

Since my employer not wish to start my GC atleast in next two years i was thinking of doing it with my ex-employer(consulting firm) and they agreed to do for me. I have some questions related to that.

1. Is it advisable(or risky) to do it from a different employer other than my current employer?
2. If my ex-employer had filed for LC or 140 and had it approved(assuming before my 6 years of H1) and the H1 with my current employer ends can i extend my current H1 based on the LC or 140 from that employer?
3. If my ex-employer is residing in a different state and got LC approved for that state and iam working in a different state can i extend my H1 to work in my current state based on the approved LC from different state?
4. I was thinking of joining my ex-employer only after getting my EAD not immediately after filing my I-485, is that a risky one?
5. After getting my EAD do i need AC21 to switch to my ex-employer or i just need to do H1-transer?

Sorry for too many questions.If i get myself cleared i'll go ahead and work on that as for GC concerns sooner the better.Please answer my questions.

Thanks in advance.

[jsamson]

Hi! Here's what I can say about your questions, as I am in a similar situation (except same I'm in the same State (CA)) :

1. No it's not risky. Basically your GC filed by other employer is a FUTURE-JOB offer. meaning you can continually work with company A while company B process your GC.

2. If LC and i-140 got approved, you can continue working for the current company (company A) where you got your H1. You can also apply for an extension for H1 for your current employer (company A) until you get your EAD with company B.

3. I believe you can still work with current employer (in different state) as long as your H1 is valid. And the approved LC is for a future-job offer from a company from a different state.

4. Once you get your EAD, you can work anywhere you wish (within the same line of job or position), and when get your greencard and that's the time you may work with your ex-employer or the one who sponsored your GC.

5. Again, once you get your EAD, You can work anywhere you wish (same line of job or position) ... AC21 applies to i-140 only if your i-485 has been pending for over 180 days. You wont need H visa once you have EAD... hence Employment Authorization Document = authorized to work.

I hope these will give you some helpful insight about your case.... but always consult your lawyer if you are not sure or want a more solid explanation.... Good luck!

[natr_2002]

Thanks a lot for your answers.