babusforu09 Posted February 24, 2020 Report Share Posted February 24, 2020 Hi, My name is Babu. For the past 5.3 years I am working in USA on H1B for Company A. I have 9 more months left to complete my 6 years of H1B. Now, I am looking for a company change. Company B would like to process GC for me and I would like to join Company B only after my i-140 gets approved till then I will be continue working for Company A only. I have a situation to go to my home country after 9 months. Can you please help me with below questions... 1) While I am working for Company A can Company B apply GC process for me with out joining them ? if yes, can you please help me with below questions... 2) If my i-140 gets approved and if I leave the USA without joining Company B or if my i-140 gets approved after I go to my home country and still working for Company A only, and if I want to come back to USA through Company A or B or C after my 6 years of H1B completion, can I fall under CAP exemption or not ? and here, my i-140 owner is still Company B. If I fall under CAP exemption, can you please help me with below questions... 3) If I don't get my certified labor before I leave the USA. Can Company B apply my i-140 from my home country (noy USA) after my labor got approved ? If the answer is yes for the above question 3) and after i-140 gets approved, if Company B is not able to bring me to USA then can I still use that approved i-140 to apply new H1B under cap exemption from Comapany A or C. My i-140 owner is still Company B and I am not an employee of Company B. 4) If my i-140 gets approved after I goto my home country before joining Company B assuming my 6 years of H1B got completed. I did not work for Company B not even single day and there is no H1B with Company B and I am not even employee of Company B. Can I still use that i-140 to apply new H1B under cap exemption from Comapany A or C ? and here my i-140 owner is still Company B and I am not an employee of Company B. 5) After my i-140 gets approved and if I goto my home country before joining Company B, after 6 years of my H1B completion, can I use that i-140 and come to USA with different employer Company A or C? I did not work for Company B not even single day and there is no H1 with Company B. Can I still use that i-140 to apply new H1B under cap exemption from Comapany A or C and here my i-140 owner is still Company B and I am not an employee of Company B. Thanks, Babu Quote Link to comment
PrasadKintali Posted April 10, 2020 Report Share Posted April 10, 2020 (edited) Yes, one employer can file a green card application for you while you are working for a different employer. Edited April 10, 2020 by PrasadKintali Quote Link to comment
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