Can i file I-140 with a different employer than my current employer

[MrPraveen]

Hello Everyone,

 

                             Many people might know the answer for this question but pardon my ignorance.

 

I am currently working for Company A and i have started my GC process with Company B and they have filed labor for me and it got approved.

 

Now i have two  concerns

 

1) Do i have to switch to Comapny B and start my I-140 process ?

 

2) If i dont want to switch now and can i  continue applying for I-140 with company B and switch only after the approval?

 

Does my chances of getting approval of I-140 in both cases vary ? which is a better option for me ?

[omshiv]

Company B can file for your I-140 even without you joining them...does not matter as GC is a future employment.

[jairichi]

1. No.

2. Yes.

 

GC is for future employment. Nothing changes in your case.

[Ramya_K]

Getting approval in both cases are same, it doesn't vary

[MrPraveen]

Many people said that if I don't switch employer before I -140 there is a chance of having a RFE such as 'ability to pay'.

[jairichi]

Many people said that if I don't switch employer before I -140 there is a chance of having a RFE such as 'ability to pay'.

Do not ask many people. Just ask a qualified attorney.

[omshiv]

Do not ask many people. Just ask a qualified attorney.

 

Good Advice.

 

OP..dont believe in rumours.

[MrPraveen]

Hi,

 

 

          Do we need our recent paystubs for I-140 application and also just in case if my I-140 case gets denied , is my labor still valid ?

 

Thanks

[saip78]

Yes for filing I-140 one shd have the latest pay stubs of the company which you are working currently . to my knowledge Labor is valid for certain period ( I guess 6 months) ..

 

Folks, I have a quick question too ...Can any one gets Extension of H1b for Company B based on previously approved I-140 from Company A?

 

Thank you

[Belle]

H1B extension can be granted based on any unrevoked I-140. The employers don't have to be the same.

 

Paystubs is not the only way to prove ability to pay. My I-140 had annual report as proof even though I was working there (obviously, it was a public company).