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Immigration Issues/Changing employer while on GC process

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Question
Hi Ajay,
I'm currently working for company A and may change to work for company B. I just got my H1-B renewed for the 2nd 3 year term and have been in the green card (GC) application process for 3 years; more specifically, I have not yet got the labor certificate (LC) approved. My questions are:
1)My understanding is that I can start to work for B as soon as they file a transfer of my H1-B. Correct?
2)If I change the employer, will my GC process sponsored by Company A be nullified? If yes, does that mean Company B has to sponsor my GC starting from the very beginning again? If so, what happens when I come to the end of the 6th year with my H1-B but the LC has not yet approved?

Thanks very much for your advice.
Regards,
Bob

Answer
Hi Bob,

You can work for Co. B as soon as the company files an H-1B petition for you; you do not need to wait for approval before joining Co. B.

Your GC process through Co. A will be nullified as soon as you leave Co. A. (Actually, in theory the process can continue if Co. A is still willing to offer you a full-time job in the future, but you will need the support of Co. A for this, and Co. A is unlikely to help you if you are leaving Co. A).

On the assumption that Co. A will not assist you continuing the existing GC process when you leave the company, Co. B must start the GC process from the beginning through the filing of a LC. You can extend H-1B status beyond six years as long as the LC is filed at least one year before you complete six years in H-1B status.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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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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