My friend is working in company A on H1B visa and has requested his old employer company B to start his Green card process on future employment basis. He got his 140 approved through company B. He has reached 5.5 yrs on H1B and company A has not started his GC yet, So he has requested company A to use I140 procured through company B to get 3 year H1b extension. Company A now has plans of applying GC for my friend. Company A is now threatening my friend that he has committed fraud by asking company B to start his GC processing based on future employment while still working with them. Company A attorney says that future employment GC is itself illegal.
1.Did my friend commit mistake by asking company B to start GC while he is working in company A?Is he under any legal trouble?