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

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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 ?

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

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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.

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          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 ?



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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

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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).

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