Legal Question in Immigration Law in New Jersey

From H1B to Green Card

I have a Bachelors Degree. My H1B was approved in October 2007. I plan to file for green card with my parent company however the lawyer suggested that I transfer my H1 to another company and stay with them for a minimum of one year before I could be eligible for green card. At present, I have stayed about 7 months working for my current company.

I suggested to the lawyer that I rather stay with my current company for a year then transfer to a different firm and file through them however he refused this approach, citing complications with such after filing.

After discussing with the lawyer, my parent company transferred my H1B to a different firm and I have been with this new firm for about a month now.

Given the above scenario, I will like to know what you will suggest that I do. Should I continue to stay with this new company for about a year given that I have already worked for my previous company for about 7 months now?

I taught with just 1 year experience and H1B, you are eligible to file..for a green card?

The lawyer said that the 1 year experience must be with a firm that did not sponsor your H1B.


Asked on 6/21/08, 5:55 pm

1 Answer from Attorneys

Rachel Baskin Rachel Baskin, Attorney at Law

Re: From H1B to Green Card

If you want to move companies then you are eligible to do so. With regards to filing your green card, the wait time will depend on your experience as well as your employer's job requirements. You may want your attorney or employer to explain the process to you in greater detail.

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Answered on 6/23/08, 12:14 pm


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