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Immigration Issues/Tortured by H1B question - renew or transfer


Dear Mark,

I beg of you to help answer an H1B question that has been torturing my head:

I am a Filipino citizen with an H1B visa with Company A (expiring 9/30/08 - this is my first 3 years ). I have never traveled out of the US (per advise of my immigration lawyer) so I never got the stamp and such. Company A also sponsored my green card application. My labor certification was filed on 07/26/2006. My I-140 has been approved. My I-485 has been filed and has been pending for more than 180 days; however, I would prefer to keep my H1B visa status than work on EAD card.

I just started my search for a new job; thus I have no offers at this point. However, it is my objective to fix my immigration status such that it will be less painful for future employers to consider hiring me. I have not broached the topic of renewing my H1B with Company A because I was under the notion that I could just find another employer who will take care of renewing my H1B; thereby sparing Company A of the expense and trouble of renewing me. After speaking to a few people, I realize that it might be easier for my future employer, Company B if I already renewed my H1B visa with Company A and then just file for a transfer later with Company B.

Could you please share your best opinion on what I should do -- considering processing times, etc?

You can change your employer as long as your employment is in a similar occupation as your I-140.  I see no issues at all.  I do not know why you are being tortured.  Company B would just as company A incur the same expenses and trouble in filing the H1 application.  As you have stated being on H during the  the I485 period is the best option.
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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