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h1b_forever
04-21-2009, 01:13 PM
I have a question which I am not sure if anyone has faced before.
Do you need to be on H1B or similar non-immigrant visa to file for Employment based GC?

Suppose I am on EAD (on a pending Employment based GC - EB3, approved I-140) , switch jobs using AC-21, but want to pursue a new application under EB2 with the new Employer, can I do that? or does the new company have to sponsor h1 in order to start the GC process.

Any help or guidance on this is appreciated

hopelessGC
04-21-2009, 01:16 PM
Green card is an offer for employment, so you do not have to be working for the green card sponsoring company. H1 is not needed to start the process.

Although, I am not sure you can have two GC applications going at the same time. Some one else can confirm.

satyasaich
04-21-2009, 03:44 PM
A person can have only one 485 application at any time. This is not like H1B where one can have multiple H1s .

Please correct me if i were wrong.

Green card is an offer for employment, so you do not have to be working for the green card sponsoring company. H1 is not needed to start the process.

Although, I am not sure you can have two GC applications going at the same time. Some one else can confirm.

number30
04-21-2009, 03:54 PM
I have a question which I am not sure if anyone has faced before.
Do you need to be on H1B or similar non-immigrant visa to file for Employment based GC?

Suppose I am on EAD (on a pending Employment based GC - EB3, approved I-140) , switch jobs using AC-21, but want to pursue a new application under EB2 with the new Employer, can I do that? or does the new company have to sponsor h1 in order to start the GC process.

Any help or guidance on this is appreciated

For that matter you need not to be in US.

va_dude
04-21-2009, 04:21 PM
As far as i know there isn't any rule that prevents one from having multiple 485s filed.

crazyghoda
04-21-2009, 04:43 PM
I know of atleast 2 people who have multiple 485s pending. It is recommended that you not have more than one since its likely to confuse the USCIS and they may just reject the more favorable one and keep the less favorable one active and then you cant do anything about it.