Is it mandatory to be on the payroll of a company which is filing I-140?

[Ammu82]

Thank You

txh1b:

Sorry about the confusion in my question. This is what I intended to ask:

If the labor with company y is pending, can company x extend my husband's H1 based on this pending labor?

Or take the case if the labor is approved and I140 is not yet approved,can company x extend my husband's H1?

Or take the case if the labor is approved and I140 is approved and if it has not yet passed 180 days after I140 is approved,can company x extend my husband's H1?


From your response I understand that in all these three cases, my husband's H1 can be extended by company x based on company y's GC application and he can work with company x until his I485 is approved. Am I correct in my understanding?

One more question, my employer has applied for my labor in June 2008 which is still pending. I have not received any RFE's or audit so far. If I change my employer can I port my PD to the new employer?

Thanks,
Ammu

[txh1b]

The 180 days part is irrelevant as long as the company has the I140 unrevoked and intends to hire the person on a permanent basis in the future.

No, you cannot have the PD if you change the employer now.