Skip to main content

Leaving H1-B sponsored employer on Jan 31 and H1-B will be cancelled/revoked.With approved EAD,advisable to do H1-B porting?

Nashville, TN |

My H1-B is valid till Jun-28-2013 and EAD till Jan-5-2014. Leaving H1B & Green Card sponsoring employer on 31-Jan-2013. H1B is getting withdrawn/revoked.

Applying for H1B extension with present employer on premium processing

I am on EB2(I) with June 15,2008 as priority date.

I have a new job offer with same responsibilities.

Will it be advisable to join the new employer with H1-B porting?Or better to start working on EAD?

The new employer is planning to send me to work in India (native country) for a few months after i join here in USA.

My worry is that since my H1B be revoked after my resignation, will it have any negative consequences(like RFE) on my green card processing?

Attorney Answers 2

Posted

Since you are a backlogged EB-2 with currently valid EAD the underlying H-1B non-immigrant visa is your "safety net" in case your adjustment of status should "run in to a snag" prior to approval. Consult with experienced immigration counsel related to your new employer and seek to file a PP parallel H prior to 31 January 2013 as you have indicated. Always best to maintain the NIV "safety net" under such circumstances.

Response to this question does NOT establish an attorney-client relationship with the person requesting such information.

Mark as helpful

1 found this helpful

3 comments

Asker

Posted

Thanks. Can you please elaborate on " PP parallel H prior "?

Thomas Johnson Rosser

Thomas Johnson Rosser

Posted

Unlike potential "portability" of LC when joining a new employer, an H NIV requires a new I-129 filing by the subsequent employer even though your H visa and I-94 validity dates with prior employer have not expired. We term the new filings for an H with the prospective employer as a "parallel" H rather than "portability" since the prior H is no longer valid upon termination of employment with former entity.

Asker

Posted

Thank you for the detailed reply. This really helps

Posted

Immediately seek advice from the company immigration attorney or the consel who handles your case.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

Mark as helpful

1 found this helpful

1 lawyer agrees

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics