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Topic: I-485 unique situation
Hi, I working with a company A in H1B visa for the last six years. Company B, 600 miles away from my residence, agreed to apply GC for me in the same position as I am working right now. Salary is $ 18,000.00 higher. When I applied I-485, my prospective company gave me a letter in company's letterhead with a title"this job has been offered to me and this position is still available to me" with a detail job description and salary. I am still working for company A.
Meanwhile, I got EAD. Should I immediately start working for company A? Does above tiltle in company letterhead show future employment? It was filed on June this year < 180 days.
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Hey man...stay put. You are almost there in the green card process. You will probably have your green card in less than the year. You waited this long, I would wait.
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Hey Goofydhowa,
Note that he is working for company A, but company B is the GC sponsor. Its not like he is using AC21 to change employers away from the sponsor, he would be changing to the sponsor. He would not risk his GC process as he would be with the sponsor, only the H1-B in case the I-140 is denied for any other reason.
An option of course is to transfer the H1-B visa to the GC sponsor as well to continue to be on H1-B while waiting for the GC, but that would be an extra cost of course. I would wait until after I-140 is approved and then switch using EAD.
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For the purpose of the USCIS you can wait to join company B until your GC is approved since it is an offer of future employment. If you don't join them when you get the GC and they complain, or if you get an RFE and they say the offer is no longer valid you are in trouble, but you don't have to work for them until the GC is approved as long as the offer is valid (not withdrawn by the company). If the processing takes longer than 180 days, you can switch to have company A, C or D sponsor you instead if the I-140 is approved.
As for the $18,000 I would start today ..... even if it might be a good idea to wait until I-140 is approved, if it is not already, to keep the H1-B as a back-up should the I-140 be denied for some reason. (I-485 is rarely denied after I-140 is approved as long as you have the sponsoring job, pass the medical and have no criminal background.)
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Thank you so much ThomasB. My I-140 was approved on June 1st week. I haven't used my EAD yet. My only concern of not joing my sponsoring company right now is for my H1B. This is for the safety factor. If something goes wrong, I still have a couple of months to play with my H1B. I am with company A in H1B sixth year. It will be expiring on Nov this year and I don't have any option of extending it further (labor < one year, I-485 is not retrogressed).
You mean based on above company letter, this offer qualifies for future employment right?
Another question is since I am working for company A, how can I show my intention of working with my sponsoring company once I get green card to the USCIS?
Thanks in advance!
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I am no lawyer or immigration professional so this is not to be considered legal advise.
If you look around at Trackitt you cannot find one single I-485 that got denied on its own. Every single denied case was due to denied I-140. Unless you have legal problems in the past, didn't pass the medical, or risk being laid of by company B before your GC is approved, the risk of having the I-485 denied is very very small. The H1-B is a lifeline, but in your case it's like bringing a parachute on a 747. You might need it, but the risk is very very small.
The offer qualifies for future employment, as that is what they say. You have an offer for employment in the future when your GC is approved. It's not more complicated than that. You show your intent by starting working for them once the GC is approved (or before if you chose). They are showing the intent by issuing the offer.
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Thank you so much ThomasB. It was a great help.
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I will join sponsoring company probably on November. What happens if I continued company A (my current company) on EAD after Nov(once my H1B expires) until I get green card? Does it reflect a wrong intention to IO?
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The only two things you have to do is make sure company B doesn't withdraw the offer, and start working for them after GC is approved. You can stay with your current employer on EAD until the GC is approved if you like, but since the sponsoring company is paying better and you have to start working there when the GC is approved anyway I wouldn't wait, at least not passed the H1-B expires. I am sure the sponsoring company want you as soon as possible too, and it is always a good thing to keep your GC sponsor happy!
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ThomasB, your replay is better than a legal expert. Thank you.
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Was ur I140 filed with LC substitution?
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No, it was under a regular PERM process.
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