Legal Question in Immigration Law in New Jersey

Switching jobs between green card processing

Hi,

I've been here on an H1B visa for the past 7 years, and have filed for my 8th year extension. I've been with my current employer for the last 6 years, and my green card was filed in Jan 2004 under traditional processing, and hasn't cleared labor yet. My question is, since my current employer isn't giving me proper compensation and I'm tired of waiting for my green card I'm thinking of switching jobs. Is it a good idea? Since my 7 and 8 year extensions are based on my GC status, am I even eligible to switch jobs now with an H1B visa? What if the new employer I join is ready to file my green card immediately under the perm process. Will that help?

I'm very frustrated with my situation becoz I've already lost a lot of compensation over the past 3 years, and don't know when my GC will come through and what will be the outcome of it. Any advice would be helpful.

Thanks.


Asked on 3/15/07, 11:32 pm

1 Answer from Attorneys
Bonnie Moses Dessen, Moses & Rossitto

Re: Switching jobs between green card processing

To make sure that you can get a new Visa or a green card, i would advise you to make sure any prospective employer is willing to file for a new H1B Visa on your behalf. The Visa would be new (not an extension) based on a new employer. If they can guarantee you they're willing to file a new greencard application for you (to replace the old one from your current employer), even better. Just make sure you have guarantees from any new employer. If you leave your job without a guarantee, you may lose your status. Please email me at [email protected] to set up a consultation.

Adam DeJohn, Esq.

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Answered on 3/19/07, 4:09 pm


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