You are here:

Immigration Issues/Reg: GC and changing employers

Advertisement


Question
Hello There,

I have a friend who is working for company A and they filled for his green card and now he got offer from company B and he is interested in joining company B but couple years down the line he has an option to join company A back.

Now ideally if employee leaves company then employer would not carry on with green card process but in his case,  employer A is going to continue with his green card process as they will re-hire him, and so is it ok for my friend to work as H1B employee with employer B and get extension of H1B visa based on approved I140 with employer A and have employer A continue with his green card process and then once he get's his green card then he can rejoin employer A, is that possible option?

Kindly advice.

Answer
Hi,

Yes, that will work. Co. B can request H1B extensions beyond 6 years based on I-140 approval by Co. A. The intention of the employee should be to join Co. A on a permanent basis. In practice, this means he should join Co. B when the adjustment of status application (the last step of the green card process) is approved.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.

©2016 About.com. All rights reserved.