Applying I 140 with old employer

[Akhilles]

Hi,
I have applied my labor through my old employer and got approved and recently I took full time with a client. My old employer does not know that I took full time job with the client as I still need to get some money from them. I am planning to tell him once i got my money.

My question is can I still apply I-140 through my old employer as future employment. My next question is, will there be any problem if I had to pay stubs for same period?


Thanks
Akhil

[ImmigrationAnswerMan]

Akhil:

There is no requirement to work for the petitioning employer while you petition/application is pending. the I-140 petition is for prospective employment. Which means that the petitioner has to have the intent to employ you in the position when your green card is granted and you have to have the intent to work for the employer in that position when your green card is granted. However you are able to work for someone else until that time.

That being said, the adjudicator will make a decision as to whether they believe that you intend to work for the petitioner in that position. So if the type of work that you are doing now is such that it would make someone question whether you would work in the proffered position when your green card is approved, then you might want to consider working in a different position or for a different employer.