Start GC process while on L2 EAD


jinneebhat

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My 6 years H1b completes in Nov 2013

Afterwards I can move to L2 EAD as my spouse has valid visa till June 2014

I work for employer A who does not sponsor GC. One employer B is ready to file my GC even before I join him provided I promise him to join after PERM approval. He says that this is a very common practice and you need not be in his payroll before PERM approval

My questions

1. Is the above idea by employer B stands good?

2. If I switch from H1 to L2 ead right away, I will save the left over 6 months of my H1b for later use. Is it mandatory to be on H1b to have any employer start PERM process or before ur perm approval?

3. Is it safer to be on H1 while PERM is in process to avoid any rejection in PERM or query?

4. Looking at my timelines, I may not be able to get the PERM approved before my H1b 6 years are completed. In that scenario, I will move to L2 with EAD. So once PERM is approved, Does I-140 application requires you to be on H1b with the employer sponsoring it?

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GC is processed for a future job, so your employer is right when he says you do not need to be on his payroll for the GC process. But you would need to join then employer upon GC approval.

Now since GC is for a future job, your current status does not effect you GC process as long as you are not violating any immigration laws in the time you are processing for your GC, so in other words you can be on H1/EAD, and it wouldn't matter as long as you maintain some status while in US. You can even not be present in the US and the GC process will continue.

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