I have i-140 approved from company "A" since last six month, now i am planning to join company "B" and this new company "B" will transfer my H1b visa but not sponsor my green card in future. 1) How many years i can stay on H1b visa in this scenario 2) can i go back to company "A" when my priority data become current?
Should company A not withdraw the I-140 and continue to offer you permanent employment you could return to A. H1B employment may be extended until the green card priority date is current with a valid un-withdrawn I-140.
Please discuss all of your options with a company B attorney.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. 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.
1. With an approved I-140 you should be able to ask upto 3 year extension of status, 2. You can go back to Company A anytime (upon Company A having H-1B in place for you or other work authorization I-485/EAD). Current priority date under both charts, will allow you to file I-485 if green card job still exists.
Please note: This is not a legal advice and does not create attorney client relationship. Please do not rely on online advice and act on your immigration matters only after consulting an attorney. Anything posted by Jay Terkiana on any online blog, including website www.immigration.global should not be considered legal advice.
Yes, if Company A will have you and continue to sponsor their immigrant petition.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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