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Immigration Issues/Transfer H1B while Green Card Application is Pending

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Question
I am a US Citizen planning to sponsor my husband (who currently has an an H1B visa) for a Green Card.  We will concurrently file the I-130 and I-485 for Adjustment of Status.  While this process is pending, it is likely he will be switching jobs soon.  I've read that if you tranfer the H1B for a new employer, it must be 180 days after the Green Card process has already been pending, or you must start the Green Card process all over again.  Can you please clarify whether or not this 180 day pending time also applies to us (i.e. since we are applying through immediate family sponsorship), and not just those people who are employer-sponsored for the Green Card?  If not, should we be ok to start the Green Card process now, knowing that he will also need to transfer his H1B within the next 2-3 months?  Thanks in advance.  

Answer
Lara: The 180 day rule does not apply to your situation. You need to concurrently file the I-130/485 and also file for employment authorization document-EAD (Form I-765). The EAD will be granted within 2-3 months. Your spouse then has a choice of either working based on the EAD or on H-1B. I would advice that he continue maintaining his H-1B status until he his "green card" is approved. So request his new employer to apply for an H-1B and he can begin work even prior to the H approval.

If you need any further help you can contact me at ram@ashleykrishnan.com

Sincerely,
Ramasamy Krishnan
Ashley & Krishnan
9801 Westheimer
Suite 302
Houston, TX 77042
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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