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Working for employer x with an approved I-140 in EB3 and H1B extension beyond 6th year. Just received approval in EB2 - NIW

Atlanta, GA |

can i change job now, will the H1B get transferred to new employer based on the approved I140 in EB2-NIW and can it be extended till the PD becomes current for me to file I-485

Attorney Answers 5


  1. What did the new employer's immigration attorney say?

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. If you have a PD from the approved I-140 for your EB-3, see if your PD is current first.

    Law Office of Brian H. Lee, San Jose, California, 408.246.6710 This is general information, not legal advice. This does not establish any attorney client relationship.


  3. Talk to the new employer's immigration attorney. Ask this question. They want you, correct? They should engage an immigration attorney to file a new H1B petition on your behalf.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; 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.


  4. Once you got a national interest waiver self-petition approved, you can file for your green card on Form I-485, obtain a work permit within 2-3 months and work for whomever you please.

    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.


  5. You should consult with your new employer's immigration attorney.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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