Legal Question in Immigration Law in New York

Re: H1 Transfer & Green Card processing

In general, the beginning of your "green card" processing has little to do with your current job or temporary non-immigrant visa. If an alien has an offer of permanent employment from an employer who is willing to undergo labor certification of the position offered and, later, to file I-140 on the alien's behalf, it should not matter if the alien is currently employed by that employer or another, provided he or she maintains proper immigration status in the meantime.

Of course, there are some practical issues why your new employer may not want to start the process with your green card before you join them on an H-1b visa.

Applying for a transfer of employer under an existing H-1b visa is a different matter altogether.

If you need legal advice for your specific situation, contact an immigration attorney. You are entitled to be represented even if your employer has its own attorney.

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