Legal Question in Immigration Law in New York

If I am currently awaiting approval of a 3 year extension on my H1B visa with an approved I-140 in place (H1 B beyond 6 years), can another company sponsor my H1B visa for 3 years and also pick up the green card process based on the approved I-140 of the previous employer? I am only looking to understand if this is legally possible (not whether it is the right thing to do or value judgments). Companies may fold up or have layoffs and it's in the interest of a visa holder to know all available options.

Thank you


Asked on 3/01/10, 7:11 pm

1 Answer from Attorneys
Rachel Baskin Rachel Baskin, Attorney at Law

The answer to whether you can still obtain permanent residence based on the I-140 filed by your current employer, if you change employers depends on whether you have filed your I-485 application to adjust status or not. Generally the labor certification process and I-140 process are employer specific. That means that your new employer would have to file a new labor certification for you, but if your I-140 is approved, you can use the old priority date. You can change employers on the H-1B, but should speak with an attorney to discuss how that change would affect your permanent residence application.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

Read more
Answered on 3/08/10, 5:14 am


Related Questions & Answers

More Immigration Law questions and answers in New York