Immigration Issues/Labor Certification

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Question
I am on h1b with my present employer for a year and i got a new employer who is ready to offer me green card.Now can he directly file labor certification or we need to do h1b transfer first.PLease advise.

Answer
Hi Danny:
Answering you question, the new employer can file LC for you directly and process your GC and you can start working for him as soon you get the GC or EAD which ever is earlier; however, please remember this process is dependent on the priority  date [of LC approval] becoming current for you to file your I-485 (if in US) or process the GC through consulate processing (if out side US) which might take years depending on your category and home country. I would suggest transfer of current H1 to the new employer and process GC through LC.  

Best wishes,
Ajay Singh, Esq.
AJ SINGH LAW
845-784-1500 (Tel.) 646-807-4582 (Fax)
AJASIN@GMAIL.COM  

Immigration Issues

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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