Immigration Issues/H1B transfer and GC

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Question
Hello Kumarji,

I am on H1B with employer A on second H1B extension. my PD for GC is in May 2010 on EB2. Due to some circumstances I may need to change employer to B. If employer A is willing to keep my GC file active can he do so? He is also willing to generate my payrolls if employer B is willing to pay for salary & expenses, is it legal and can I do it? I heard recent law change of H1B doesn't have to give visa interview if they are on second interview is that valid information? Thanks in advance for your help and happy new year.

Answer
Hi,

If Employer A continues to offer you "permanent" employment in the future (when you receive your green card) it is OK if you work currently for Employer B, assuming that you are authorized to be employed currently by Employer B (for example, Employer B has successfully filed an H1B petition for you). You are not required to be on the payroll of Employer A.

Re. visa interview at the Consulate, please see http://www.ustraveldocs.com/in/in-niv-visarenew.asp#qualifications  

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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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