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Immigration Issues/H1 options: renewal and transfer, or green card?

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Question
Hi Ajay,
I have been in the states studying  since 95.  Afterwards, I have been working
in company A for 2.5 years with a 3 year h01b visa that ends in March 08 (4
months from now).  Meanwhile I want to change my job(a must).  My dilemma
is that if I change job now I need to ask Company B to both transfer my
leftover  visa period , and apply for renewal immediately after?  How does that
work in terms of time frame and money, and willingness for any firm to want
to do that?  My other option (which I prefer but fear no sponsor) is that I
would directly ask Company B to apply for greencard with my job offer.  My
question is whether this is common/feasible practice, and how soon do I
need to get this offer and application turned in ?  Finally, how much will this
cost me?  What is the wisest choice for my situation?
Thanks a lot!

Answer
Hi Tracy,

You are totally dependent on Co. B to file H-1B petition for you. Co. B would request 3-year extension of your H-1B status (the USCIS will approve H-1B for a maximum of 3 years at one time, and an aggregate of six years can be spent in H-1B status). When your 3 year term through Co. B is about to expire, another H-1B petition can be filed requesting extension of your status for the remaining couple of months left in the six-year aggregate period. You can start work for Co. B immediately upon filing of the petition. There is no need to wait for approval of the petition under AC21 portability rules applicable to H-1B status.

As for the green card process, you are totally dependent upon the employer. Also, under new regulations, the employer must pay all applicable legal fees and advertising expense for PERM (also known as labor certification, an essential part of the green-card process).

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

Immigration Issues

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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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