Continue GC process with old employer without needing to go back to him

[satjeb]

Hi,

    I was working for company A and they had started my GC process and applied for my PERM, due to some issues employer A asked me to go back to india, So instead I have moved to Company B a month ago and started working for him, Now I came to know that my Perm application filed by Company A was approved. I requested company A to continue my GC process which he accepted and may file I-140 for me.

So my question is when my I-140 gets approved filed by company A, Is it required that I need to go back and transfer my visa back to him and can only work for him? or 

Can I still continue working for company B and wait for 6 months and move that I-140 to company B from company A? and can comp A able keep it even though I am not working for him 

I have only 1.5 yrs left on my h1b 6 years max out time, should I also need to start over GC process again with Company B ? what the pros and cons

 

thank you in advavce

satjeb

 

 

 

[satjeb]

Hi Can anyone please respond and moderatoe please approve

[pontevecchio]

The I-140 is for a future job which you will take up on approval of the GC. At least in theory.

It begs the question why the company continued with the GC when they wanted you to return home.

You can retain the PD of the I-140 though B will have to start from scratch, PERM onwards. You cannot move that I-140 to another company. It is job specific.

 

[satjeb]

On 12/4/2020 at 4:51 PM, satjeb said:

Hi Can anyone please respond and moderatoe please approve

I mean with I140 from Company A, can I able to extend my h1b visa being in company B ? (I understand the company B has to start the process all over again)