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DSP
07-19-2010, 05:39 AM
Hi,

I have an approved I-140 with my current employer. I have an offer from another employer that I am considering but the new employer will only transfer the H1B and not sponsor the GC.

Q1: Can I transfer my visa and start working for new employer and keep the GC process with the old employer if they agree to keep the offer open?

Q2: After visa transfer, if my PD becomes current, can I file I-485 with the old employer while working for the new employer?

I'd really appreciate any help.

DSP
07-19-2010, 12:37 PM
Anybody ... please help

cmphr
07-19-2010, 01:16 PM
Yes, I believe you can as long as the position, for which the GC is filed, is shown as open at the time of your 485 filing, by your current employer. I am in the same situation as you are - I just filed for a new H1B extension with employer B based on approved I-140 from employer A. I am planning to apply for my I-485 when the PD becomes current.

Good luck!

DSP
07-19-2010, 04:19 PM
Thanks CMPHR,

Though my new position with new employer is similar, it is clearly a better opportunity. At the time of I-485 adjudication, wont I need to prove to USCIS that I intend to join the previous employer after the GC is approved? even if I successfully prove that, can USCIS revoke the GC if they later find out that I never joined them after approval?

Any ideas?

cmphr
07-19-2010, 04:44 PM
DSP:

Yes, ideally you would inform USCIS that you intend to join Employer A in that PERMANENT position for which they filed for your PERMANENT residency. This can be shown by including a letter from Employer A stating that the position is still open and you would be joining them after you are granted permanent residency. I have seen no REQUIREMENT of such letter, but most attorneys and self-filers include this letter. I am not sure if I will be able to provide such a letter when I file for my 485. I am going to file without the letter and if there is an RFE from USCIS, I plan to approach my employer A seeking that letter.

How much does USCIS verify that you join employer A is, I DON'T KNOW. I believe it may be an issue when you apply for your citizenship (is what I have read in forums like these). But, that is a far shot from where we (or atleast I) stand.

In realty, there are a lots of people who never join the employer who file their GC. We are no different from people who invoke AC-21. We are just doing the same with less flexibility (that comes with EAD) and more risk (of jeopardizing our GC process and starting all over again). There is definitely a certain amount of risk that we are undertaking by moving before filing 485, but you will be a better judge of your situation by evaluating various things, such as career growth, job satisfaction, etc. I clearly saw career growth and job satisfaction in my new position, so I took the risk of moving on before filing 485. And the wait seemed forever, so I couldn't rot in the same position for another couple years.

Hope this helps!

Thanks CMPHR,

Though my new position with new employer is similar, it is clearly a better opportunity. At the time of I-485 adjudication, wont I need to prove to USCIS that I intend to join the previous employer after the GC is approved? even if I successfully prove that, can USCIS revoke the GC if they later find out that I never joined them after approval?

Any ideas?

DSP
07-19-2010, 05:04 PM
CMPHR,

Thanks for the detailed response. I really appreciate you taking the time answer my questions, it helped me a lot. I wish you all the best! sincerely!

cmphr
07-20-2010, 12:19 AM
Hope things work out for you. I am going to add you as a friend so that we can share info when we file our 485, whenever that may be.
Good Luck.

CMPHR,

Thanks for the detailed response. I really appreciate you taking the time answer my questions, it helped me a lot. I wish you all the best! sincerely!

mohdosman
07-29-2010, 03:36 PM
Yes, I believe you can as long as the position, for which the GC is filed, is shown as open at the time of your 485 filing, by your current employer. I am in the same situation as you are - I just filed for a new H1B extension with employer B based on approved I-140 from employer A. I am planning to apply for my I-485 when the PD becomes current.

Good luck!

What If your employer A revokes I-140 ? Since you are waiting to file I-485 , are you not going to start the GC process again with Employer B and port the PD ?