GC with company B

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I am working for company A. But looks like company A will keep on saying wait we will file GC. But will never file GC. But I am fine with this company and do not want to leave now. I am on 2.5 year on H1B.


Now I have company B who may submit GC.  Can company B file GC, even if I do not join B. Assume B is ok with that.

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I have same situation. I have a question on it further.

Company A holds H1B, time on H1B left 2.3 years.

Company B ready to file GC. At what stage Company B can file for H1B transfer and H1B extension for me. I understand since company A didnt file my GC I will have to do H1B transfer sooner or later with Company B so that I can get H1B extension based on GC filed by Company B, please help me in understanding that latest by what time I can/ should join Company B on H1 transfer?


Will there be chances of getting denial on H1 transfer to Company B since they are doing GC without holding H1B at that time? If H1 transfer does not gets approved after GC is initiated then at what stage or in how much time/ years I will be able to join Company B?


Please help me with these questions.

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  • 2 weeks later...

Looks like it is possible.


As visitor_ma asked, similar question. Do I need to ever join company B? I think the ans will be yes if your 6 years is going to expire and u do not have EAD by that time. Is it correct?

As GC is for future employment it is not mandatory to join employer during GC process. But, once your GC is approved you need to have that particular job available under that employer.

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Then that's a fake employment. How could an employer file GC when their is no job for you??

I am not talking abt any fake employment.

Basically i used to work for one client when i was at my home country. After comming here, somehow contact was lost. During my last vacation i visited sfo and met him just to say hi. He offered me to join him. But i said i am fine with my job. Then he sugested that he can file gc for me. I said no as i was expecting my comoany will do that. But looks like no. Now i was thinking if my old client file gc for me and after it is approved i can work for him. After gc i can work for multiple comoany. No need to switch company.

I have not asked my old client to file gc. I am just looking for options. I have doubt that he will agree or not. Even if he agrees it may happen that after 4/5 year that job may not be there.

Hope it clears why i am asking is this if that.

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Then why did you ask "if their is no job at that time?"

I have no plan to join or transfer h1 to company B. I am very happy with current job. I want to stay with current company and file gc with company B. If it approves then work for comoany B on project basis.

There is a high chance that my client will not agree with this approch.

I just wanted to know whether it is possible to file gc with a company that i never plan to join.

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  • 2 weeks later...


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