Legal Question in Immigration Law in Washington

H1-B holder changing job during the 6th year while LC pending at federal level.

I am employed by a multi-national computer company A (Fortune 10) and I am on 6th year on my H1-B. My current employer filed my LC on early March 2002 (priority date) and my H1-b expires on May 2003. I was just informed that the LC application was forwarded to the federal agency.

Now, a recruited from another multi-national computer company B (Fortune 10 but higher rank) contacted me as they are really interested to hire me. The positiion/responsibilities will be almost identical.

Is there any way for me to move to the company B and extend my H1-B beyond 6 years? I know that with Company A, my H1-B will be extendable one year after my priority date.

Is there any other avenue for me to move to the company B with a different kind of visa? I have only B.S. degree but I have won several international awards and publications in my technical field of profession in the past. Also, we have a baby son who was born in the US and is a US citizen.

Or should I be patient and wait till I get a green card to think of changing jobs at all?

Do I have an obligation to tell this to the recruiter right away or should I wait till I get a job offer?

Thank you for your help.


Asked on 10/12/02, 6:12 pm

1 Answer from Attorneys
Lisa Seifert Seifert Law Offices

Re: H1-B holder changing job during the 6th year while LC pending at federal lev

Pardon my very brief reply -- your situation is a little complicated. Pending legislation would give a 7th year of H-1b status in some circumstances... For now, you have 6. DOL processing time for LCs varies in different regions. Your USC child does not change your present situation. I urge you to find an immigration lawyer in your area to go over your situation with you so that you are aware of all of your options. Its not possible in this arena (bulletin board). Best of luck!

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Answered on 10/14/02, 1:34 pm


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