I have 4 months left on my H1B visa and I have got a new full-time opportunity who is ready to sponsor my H1B. My current employer has started my Green Card process and have I-140 approved.
In this case, would I get H1B for 3yrs more when transferred to the new employer?
Also is it necessary that new employer has to start my Green Card process immediately? As per their policy, they can start the Green Card process after 6months of joining.
1. "In this case, would I get H1B for 3yrs more when transferred to the new employer?" In theory yes, and if the "employer" in question simply another "consultancy", then his H-1B will only be valid for the full 3 years allowed, if can justify and prove enough "projects" to cover 3 years..
2. Starting the PERM only 6 months after you joining is not going to be a "deal breaker" for you.
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.
please talk to immigration counsel for this new company that is offering the position
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The plan works so long as I-140 remains valid.
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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