Labor approved, change in employer and filing 140 with previous employer

[kbkm]

I am on H1 working for Company A and My Labor is approved with this company.

Now, I am moving to Company B.

I would like to know the legal way for filing 140 with Company A. I will be working with the company A for 3 more weeks.

My employer says that the company A can file 140 for me on future employment basis but there could be audits on company in future. As I would be working in US for another employer and there is no way for Company A to prove the future employment.

Please advice.

[schintala]

GC is for future employment. You don't need to work with the employer who files PERM. But, I think you must join with them during I485 stage.

[prash358]

@schintala: how will you go to company A during I485 stage? assuming you want have H1B with them

[aryanbayarea]

You won't need H1 if you join on EAD

There is no need to join now. Since he has good rapport, let him file for 485 and EAD. Once you get your EAD you can work on EAD.

[prash358]

Aryan,

So your point is even if he is with company B, his previous company (A) can file for his I 485? .

Do you think there will be any queries as he is not currently working with them?

[prash358]

So he needs to come to his previous company A before filing I 485, but how can he come to company A (on what Visa).