Legal Question in Immigration Law in New York

I am currently working for Non profit institute on H1 status. they have filled for LCA with date of FEB 2010.

- If I transfer to a new company either for profit or non profit, do they have to go through whole nine yards of H1 process such as advertising, job posting and interviewing other people before they file for me? or with trasnsfer, it is much easier?

- If new emply can get me H1 transfer after passing all labor dept requirements, will my GC application process carries over to new emplyer ??

I would greatly appreciate any help with my query.

Thanks in Advance.

R Kumar


Asked on 4/12/10, 8:54 pm

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

You are confusing the nonimmigrant H1B visa status process with the process which leads to a green card, called PERM or application for alien employment certification. Information about PERM is here: http://www.h1b1.com/laborcert.htm

H1B does not normally require advertising for U.S. workers.

If your current employer has filed a PERM application for you, and you change employers, the new employer will need to start the process all over again; there is no such thing as transfer at your existing stage of the process.

H1B status is employer specific. Thus, you can work for the new employer only if it files an H1B petition for you. You may be subject to the visa cap if the new employer files an H1B petition for you since you appear to be currently employed by a cap-exempt organization.

You have the option of calling our law firm at 212-268-3580 during business hours for further discussion, or email [email protected]

Regards,

Ajay K. Arora, Esq.

www.h1b1.com

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Answered on 4/18/10, 6:06 am


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