Question for Immigration Experts of SAJHA

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I have aquestion for Immigration experts of SAJHA like Santosh GIRI.

A person is working in an University in H1 Visa status. Another company offered her a

a job with higher salary and promissed for sponsering green card and filed PERM. Now PERM is approved.

Because of job uncertainty, she can not join that company right now. Now can she file her I-140 without

joining that company. I mean continuing working in the

University untill green card is approved. What is the possibility of approval of I-140 and

I-485 in this situation (Without joining that company)?

Thanks in advance.

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BouncingBack

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162 hits no response.
Anybody there?

MN_Nepali

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I dont think so,

As far as I know the company that filed your labor needs to file your 40 and 85. I am not sure how your labor got approved without a pay stub from the second company since your are gtting paid by the first.

I guess, you will have to file your labor again with the first company and then file 40 and 85.

I suggest you verify this with real experts.

Jai Neaal

BouncingBack

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Thanks MN Nepali

The layer is sayig that green card is for future job. SO she can file

from that company and continue to work in the current job.

This is creating a confusion.

xx-nepal

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Hey BouncingBack,

You DO NOT have to work for the company that filed your PERM or are going to file I-140 and 485. As you know and said, green card is sponsored for a future job. You could have been in Nepal and filed it,...no problem at all.

I suggest you stay in the University, until you're more certain of your job at the filing company.

Regards.

BouncingBack

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Thanks X Nepal

dhoti_prasad

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Yes labor (PERM) has nothing to do with the employee. The same approved labor can be used for any of their prospective employee. Upto that stage you are OK.

When I-140 comes to play, employer has to present many supporting documents including company's financial history and revenue. It is not like PERM. It is totally emplyee specific with that particular employer.

Hence, I am pretty much sure you can not move forward with I-140 being in third company. However, I am not a lawyer though.

feb14th1981

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Hi Dhoti Prasad,
Your valuable suggestion triggered a small question for me.
- So, if I am currently employed full-time but my current employer doesn't do GC processing, can I find a different company and have them start the labor PERM stuff and continue working for my current position. And when the labor gets approved, can I transfer my H1b to them so they can file my I-140 etc.?

Thanks.

dhoti_prasad

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feb14th1981 Ji,

I am very optimistic you can do that. I have seen people have done that.

In my earlier company I met an Indain who explained that he used an approved labor. His company already had an approved labor. He paid for that. It was like he bought that. Later we moved forward with 140 and 485 with that company.

The same way, BouncingBack's employer can use the approved labor for any of his new employees even if BouncingBack quits job.

xx-nepal

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Since H1B or any other work visa and Green Card are parallel matters, I do not see why a person would need to work in the same company that is filing the I-140. I am pretty sure you can work at the University and get your I-140 processed through another company. Even though I-140 may be person specific, I do not think there is a requirement for the person to be an employee.

I think so because, PERM does not give you a work permit, and by the time you file I-140, you still would not have a work permit. And as far as I know, H1B has nothing to do with green card..so what would happen to people not on H1B or other work visas, but still applying for a green card? Would they be working in the same company filing I-140? If so, on what legal grounds would they be working?

I am not sure about this, but I really wanted to put forth this argument.

BouncingBack

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I agree with xx-Nepal rather than Dhoti Prasad. THe mail point I disagree with Dhoti prasad is,

For PERM also the employee's information is required so How can the employer approve PERM for one person and can hire another

person with the sampe PERM approved for previous person.

My question do one have to attend the interview for I-140 and I485 approval?

By the way how long it will take to complete the process if the filing is done separately. I mean first only I-140 and after approval of that I-485?

I appreciate your suggestions.

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