I currently hold an H1B with employer A. Employer A has started my green card process with approved I-140 (just last month) and I recently submitted my I-1485 application. My problem is I work contract jobs with employer A and my current contract is coming to an end and employer A will end my H1B if I don't find a newcontract within a month. I believe I cannot use AC-21 to port my I-140 to a different employer B since its been less than 180 days I-140 has been approved. I do not want to lose my H1B status while my I-485 is pending, so I was wondering if I can transfer out my H1B to a different employer B while I-485 is pending and start working back for employer A when I do get a green card.
Help me please.
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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.
It might be possible however it is best to consult with an attorney with all details and then proceed. Good luck!
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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