Legal Question in Immigration Law in New York

H1 to Green Card Status Change

I am currently on H1 with Company A and received an offer with Company B. Company B is willing to sponsor for green card. Is an H1 transfer necessary before Company B can petition for my green card?


Asked on 4/03/07, 1:27 am

1 Answer from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: H1 to Green Card Status Change

No, H-1b transfer of employment to a new employer is not necessary to start the EB process for obtaining permanent residence. You are not changing your temporary non-immigrant visa status at this stage.

What is necessary is to receive an offer of permanent full-time employment from Company B. From your (employee's) perspective, the important thing is to locate the right employer and the appropriate position that maximizes your chances of having labor certification obtained and I-140 approved. Since this tends to be a long, drawn-out process mostly controlled by the employer, "betting on the wrong horse" may derail your plans for permanent residence in the U.S. Contact an immigration attorney for advice.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 4/03/07, 7:45 am


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