H1 based on I140 from another company


permaudit

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Sorry posted in the H1 Topic, but couldnt get any responses. Hence Posting it again in this Topic.

 

Hi,

I am working from Company A on H4 EAD. Was on H1B with Company A and was maxing out on H1 and hence recently converted to H4 EAD. Company A was not ready to sponsor GC and hence converted to H4 EAD.

Company B filed PERM and is ready to apply for I140 for me. 

Can I keep continuing to work for Company A and have an H1B approved from Company A, based on Company B's I140 approval? 

1. If so, Would I get unlimited extension as along as the Company B's I-140 is active? 

2. Can Company B withdraw the I-140 application even after 180 days, if I do not join them? 

3. If Yes to above. If I work part time for Company B (Since I am on H4EAD, I believe I can do multiple jobs) for more 180 days. Will that be considered where the I140 cannot be revoked any more? and Company A can apply for H1 based on that I140 

The questions above might be odd, but here is my situation. and Here's a bit of a background.

I work for Company A as full time with very good benefits. While Company B was applying for my PERM, I was in Dept A and they were not willing to apply for GC. Hence I moved from H1B to H4 EAD(While Company B  was filing PERM). I recently got a better opportunity in Dept B within Company A and there could be a possibility where they could apply for GC.

In the mean time, If H4 EAD gets revoked and might have to switch back to H1 at Company A (have a couple of months of H1) and if there is an approved I140 from Company B for more than 180 days, I intend to work with Company A on H1 if I could get multiple extensions from Company B's I140.

From Company B's standpoint (Its a consulting firm) and they are fine with me working remotely part-time till I get onboarded to them when I am ready to file I485 (which I understand could be a zillion years from now). But, they company is ready to wait for that time as long as I work part-time or if I decide to join them full time(they will sponsor my H1)

Inputs Appreciated. Thank you!

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1. Unlimited extensions once the I-140 is pending 6 months and then even if the I-140 is revoked, you are fine. Of course before 6 months if the I-140 is still alive, you can get 3 year H1 extension once.

2. Yes. See 1.

 

3. I seriously doubt it. Once I-140 is current for more than 6 months you get H1 extensions till the PD is current even if the I-140 were to be revoked. Be very careful if you are trying to game the system.

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