Asked 3 months ago - Bellevue, WA
FlagI 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 ?
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.
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.
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.
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