I 485 with Old employer (A) when working with another empl (B).

[gharik25]

Hello,

I moved from company A to Company B. I have an approved i140 from my prev company (A) and also i797 is valid for next 3 years (i.e till Oct 2014).

But now i moved to company B i got it for only 1 year i.e Nov 2012. Now it seems that my Priorty Date (June 2010) will be coming in another 3 months. B will start from scratch some time in a week from now.

My previous employer(A) did not cancel my old H1B petition and i have good rappo with him. I want to file the next step i.e i 485 by him (old employer(A).)

1) When should i move back to prev employer (A)- Before filing i485 or after i485 is approved?

2) Do i need a new i797 petition again(H1B transfer) to go back to A?

3) Is going back a safe idea?

Please Suggest.

Thanks

[rahulus78]

1) When should i move back to prev employer (A)- Before filing i485 or after i485 is approved?

You should move before or after immediately filing for I-485 so USCIS do not question your intention to work for Employer A.

2) Do i need a new i797 petition again(H1B transfer) to go back to A?

Yes, you will need new petition to be filed with employer A.

3) Is going back a safe idea?

Yes, it should be unless you are working for desi consulting company.

[gharik25]

Thanks for the response Rahul.

Your answer : "Yes, it should be unless you are working for desi consulting company."

Yes. Its a Desi company. Can you elaborate the pitfalls of going back?

Thanks

[gharik25]

Yes. Its a Desi Company.

[mike999]

I don't think its mandatory to be with the sponsering company at the time of filing. GC is future employment and its expected that you would be working for the company on approval. I was in the same situation and my lawyer said no issues at all.

[rahulus78]

I don't think its mandatory to be with the sponsering company at the time of filing. GC is future employment and its expected that you would be working for the company on approval. I was in the same situation and my lawyer said no issues at all.

Mike Gc:

It's not mandatory to do H1B transfer with the GC sponsoring company but it's advisable to be with them on H1B before the I-485 approval.

gharik25:

Nowadays there have been many H1B rejections because when you have 2-3 layers in between the it becomes very difficult to show Employer-Employee relationship (which is the case with most desi consulting company).

[gharik25]

Mike,

My prev employer(A) says that we need to have some paystubs from the GC sponsoring company(A) while filing i 485 and therefore is asking me to come back. The i797 petition is also valid and there is no need of a new petition.

Please suggest.

thanks

[rahulus78]

Mike,

My prev employer(A) says that we need to have some paystubs from the GC sponsoring company(A) while filing i 485 and therefore is asking me to come back. The i797 petition is also valid and there is no need of a new petition.

Please suggest.

thanks

Gharik,

Desi consulting company would always ask you to join them on H1B before filing I-485. I'm in the same boat. Although it's not necessary.

They want to make money out of you.

Regarding I797 petition my consulting company has also active I797 which they never revoked but they have still suggested to file a new petition. I'm guessing new rule is you can't work on the old petition, one needs to file a new petition.

[mike999]

Mike,

My prev employer(A) says that we need to have some paystubs from the GC sponsoring company(A) while filing i 485 and therefore is asking me to come back. The i797 petition is also valid and there is no need of a new petition.

Please suggest.

thanks

Well I really don't think its mandatory, but it might be good idea to be with Comp A at the time of filing just to avoid to future RFE's.