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Immigration Issues/H-1B transfer and withdraw I-485

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Question
Hello Mr. Arora,

My husband's employer filed for green card under EB1 (OR) category. I-140 got approved and I-485 is pending. He got EAD card and fingerprinting notice. He also got a very good job offer from a different company. We would like to withdraw the I-485 application and get his valid H-1 transfer done by the new company. The new company agreed to do the H-1 transfer. Should we withdraw the I-485 application first? Or can we wait till the transfer goes through and then withdraw 485?

Answer
Hi,

If the employer that filed the EB1 petition is still offering your husband permanent employment upon approval of I-485, your husband can work elsewhere on EAD, and I-485 should still be approved. Thus, I-485 should not be withdrawn in this scenario.

However, if your husband's intention is not to work with the EB1 employer, then I recommend that the H1B petition be approved first by the new employer, and only then the I-485 application should be withdrawn. (If the I-485 is withdrawn, then EAD is automatically invalidated.) H1B approval can be obtained by the new employer on an expedited basis termed "premium processing."

You can call our law firm at 212-268-3580 during business hours, or email info@h1b1.com for additional guidance.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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