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Green card processing with different employer

Bellevue, WA |

I am working for company A which is not willing to do green card processing . I have only 7 months left on my current 1 . Company B is willing to file labor for me and i want to join company B only if my labor is approved . 1 ) Provided my labor is approved in next 6 months and i am left with only 1 month on my current 1 , is it possible for Company B to extend my VISA based on approved labor ? 2 ) Does it make any difference to file labor after joining company B instead of filing for future employment ?

I am on H1B VISA

Attorney Answers 4


More information is needed about Company B. It is unclear whether it may be questioned or your job offer may be challenged as not requiring a bachelors degree, among other concerns.

You will likely need an H1-b from Company B, as well. I strongly recommend an appointment with a competent and experienced immigration attorney. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.

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1) that will only be possible if you are not about to "max out", i.e. reach your 6 year H-1B limit. The fact that the Co. Filed a labor certification application on your behalf has no bearing on the merits of a new H-1B that will be filed on your behalf.

2) No. That makes no difference whatsoever. See my answer 1) above.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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You need to consult an immigration attorney. Schedule a consultation with one of your choice. This is not a forum question, sorry. You are asking for a very specific legal advice.; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.

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As my colleagues have noted, there are "max out" issues that require a consultation and a review of your specific circumstances. Depending on the time you've spent outside the U.S. in the last six years while working on an employment visa, you may be eligible to "recapture" that time, which could make the filing of the labor certification by Company B more beneficial in the short and medium term as well. Speaking with an attorney about your situation in a timely manner is essential.

Your use of email, web form, or social media to contact DivatiaLaw or to communicate any personal and/or sensitive information, and DivatiaLaw's receipt of any such transmission, does not, in itself, create an attorney-client relationship. Unless an attorney-client relationship has first been established, DivatiaLaw does not provide any case-specific legal advice, including advice over the Internet, phone, or fax.

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