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Boston_GC

Registered Users (C)
I am in desperate situation and will really appreciate if someone can please help me...

I am on H1B for last 6 years (current visa expires 10/2007) with approved labor (10/2005) and I140. Now for some desperate reasons I need to change my employer. I contacted one lawyer and he said I can't do this because I don't have 1 year left over to start mt GC process all over again.

My question is if I got 3 year renewal from my current employer, can I quit this company and join another company and restart the GC process. What is the risk involved in this? Is there a possibility that I will not be allowed to continue on my GC and will need to leave the country. Any help?
 
Do you have the copy the approved I-140, if yes, then you can file H1B with 3 years validity. The lawyer is 100% wrong.

Sree

Boston_GC said:
I am in desperate situation and will really appreciate if someone can please help me...

I am on H1B for last 6 years (current visa expires 10/2007) with approved labor (10/2005) and I140. Now for some desperate reasons I need to change my employer. I contacted one lawyer and he said I can't do this because I don't have 1 year left over to start mt GC process all over again.

My question is if I got 3 year renewal from my current employer, can I quit this company and join another company and restart the GC process. What is the risk involved in this? Is there a possibility that I will not be allowed to continue on my GC and will need to leave the country. Any help?
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Thanks Sree. But my question is that after I get 3 year renewal, can I chnage jobs and apply for the GC all over again for another company.

I will appreciate any comments any who migh have already gone through the process


sree1965 said:
Do you have the copy the approved I-140, if yes, then you can file H1B with 3 years validity. The lawyer is 100% wrong.

Sree
Click to expand...
 
I'll say buy 15 minutes consultation from one of the top lawyers. Email all relevant details in advance and then have 15 minutes long conversation on phone.

I once consulted Rajiv Khanna over phone regarding my situation. Best $220 I ever spent. He was the most friendly lawyer I've ever talked to.
 
I would say...do this....after 6 years on H1B, H1B renewal can be tricky....

Jumping too many companies can be risky at this stage....

Case 1) If you I140 is approved, based on the approved I140 - file for H1B transfer to a new company, preferably premium processing and you can wait till the H1B gets approved....It should get approved for the 3 years...
But, the catch is if the employer revokes I140....

Hence, the trick is to stay with your current company and get the H1B transfer done...and then jumping companies...(before he goes forward to revoke I140)

Case 2) If you I140 is not approved, you can file for 1 year increment based on the labor.....But, the catch is, if the employer revokes I140 and substitutes labor with somebody else...

Case 3) Apply a new labor under PERM (under future employment) and I-140 premium processing and once gets that approved....you can use that as your basis for H1B renewal...

As far as GC is concerned, you can always apply whenever and wherever you want...
 
Please help....I am in a little bit precarious situation here...

My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then

leave the Company A and join Company B
Now Company A revokes I140

Will by H1B with Company B still valid?
 
Yes it is still valid and as far as I know, you can file a new I-140 with your new employer with the old priority date. But in any case, it is always good to get a professional opinion from an experienced immigration attorney.
 
you can definitely transfer to a new company as long as they are willing to restart the process.
by the way, even if your I-140 is not approved, and in your 6th year, you can get a full one year extension on H-1b, and have enough time to get past I-140 stage from your new employer.
I transferred in my 7th year, got an extension of 1.5 years, and will start new gc process with my new company shortly.
just go with a good lawyer
 
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