Legal Question in Immigration Law in Georgia

I've an H1B with employer A which is valid till September 2013. My Green Card was filed by the same employer in EB3 category (I am an Indian) the Priority Date for which is Feb 2007. My I-140 was approved in December 2007.

If I change employer now, can I keep renewing my H1B with employer B based on the I-140 approval (from employer A)?, assuming that employer A does not cancel the Green Card petition.


Asked on 1/13/13, 6:30 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

There are two issues here: your H-1B status & your ability to adjust status to Legal Permanent Resident.

In short, if you leave your current employer & that prompts them to end their intent to employ you in the future, you can port to a new employer, using the old I-140 approval, as long as the new position is the same/similar to the one you were originally petitioned for.

As far as the H-1B goes, you can port under AC21 & continue to extend your H-1B until your priority date is current.

I have many years of business immigration experience, so please let me know if you need assistance with a new H-1B or with porting for purposes of your I-140.

Thank you.

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Answered on 1/13/13, 9:06 am


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