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Please share your expertise: I-140 confusion

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  • Please share your expertise: I-140 confusion

    Hi,
    My labor application was filed and approved under EB-2 with PD of Feb 25, 2008 and I-140 has been filed and pending under Employer A.

    1. If I was to seek another employment (Employer B), can I continue with my green card process with the current employer (employer A) with the intention that I may come back and work for them in the near future? I have heard that organization can file green card for a prospective employer. My case is different in that that I may quit my current employment and then become a potential future employee with the intention of coming back.

    2. If the answer to the above question is 'No', then can I restart the green card process from the beginning through the current employer (employer A) after quitting even though I have resigned with the intention that this employer will rehire me again in the near future?

    What I'm looking for is to somehow either seek another employment with
    minimum delay in the green card process?
    Or once I seek alternate employment, continue my green card process through
    a potential employer with minimum delay?
    Can you suggest if there is anyway to do the above or if there is any other
    workaround?

    Any help will be greatly appreciated.
    Thanks.
    Ash.

  • #2
    1 is allowed as long as the employer continues the GC process. Your intent should be join them when your GC is approved. Some people recommend joining the GC employer at the time of filing the I-485.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

    Comment


    • #3
      If the employer is co-operative and honest, this is possible. There is every chance for them to screw it up due to carelessness if you are not their employee or cash cow.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment

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