I have a couple of questions regarding the possibility of getting H-1B extension based on I-140 approved with previous employer. I am in the 5th year of my H1B (expires in mid-2018). My I-140 was approved with my previous employer last year. I joined another company recently and my new employer is going to initiate the whole green card process.
My previous employer filed my PERM with SOC Code (Distribution Managers) as I was working in a warehouse management related department though my duties are related to business analysis. PERM and I-140 both were approved last year. I joined an IT Services company recently and the LCA was filed with a different SOC Code (Computer Analyst). Same code will be used for PERM as well.
Yes. But it is not uncommon for employers (petitioners) to withdraw approved I-140s after their employees leave, so if you are from, say India, you may not be able to keep extending your status based on that initial I-140. Please speak to the attorney who will prepare your new H-1B and PERM/I-140s about the best strategy, and remember that you can recapture any time that you were outside of the US.
Please note that this answer is solely for general information purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. Please discuss your individual situation with an attorney.
The quick answer is no.
The more important question is: What did the lawyer working for the new company say? Don't talk to NON-ATTORNEYS in HR ... other than to get the lawyer's name/number.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are 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.
You need to work with your company's legal counsel to discuss these matters. They are beyond our ability to answer in depth on this public forum.
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.
Yes, but I suggest you talk to an attorney before you make a move to understand the consequences of these changes.
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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