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Immigration Issues/Simultaneous Green Card Applications

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Question
QUESTION: Dear Sir,

My current employer "xyz" has started my Green Card application (i.e. trying to obtain the prevailing wages) as EB3 classification. Now my previous employer "abc" is willing to file my Green Card application as EB2. Please confirm the below mentioned concerns:

1. Can I file multiple Green Card applications with different employers under different category?
2. Can my previous employer i.e. "abc" legally (as per law/constitution) file my Green card application as I am not currently working with him?

Kindly confirm your legal fees. I am looking forward to work with you.

Best Regards
Muhammad

ANSWER: Hi,

Co. A can start the green card process in EB3, and Co. B can simultaneously start the green card process in EB2. Any combination (EB2/EB3) with any Co. (A and/or B) is fine, and the process can be started through both companies either together or at any point in time (concurrently or consecutively, etc.).

There is no requirement that the beneficiary being sponsored by a company be currently employed by the sponsoring company, which we have confirmed on the following page of our website: www.h1b1.com/laborcert.htm

Please directly contact our law firm at info@h1b1.com for a legal fee quote without obligation.

---------- FOLLOW-UP ----------

QUESTION: Thank you for your prompt answers. I am still much concerns about my Q2 i.e. do you think OR take in this way that there will be some potential problem later when the USCIS ask for proof from my previous employer "ABC" can afford to pay me.

My understanding is If I work for ABC they get the benefit from my income.

Thanks.

Answer
ABC would need to show that it can pay the offered salary, irrespective of current employment status with the company. A good rule of thumb is that the net profit is at least equivalent to the annual salary offered for the full-time position. However, larger companies or companies with substantial assets can still obtain approval of the immigrant petition if the net salary is less than the offered salary. For companies on the margin, current employment with the sponsoring employer can be helpful, as the salary paid to the employee can compensate for a tiny net profit (a profit which is almost zero).

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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