Legal Question in Immigration Law in New Jersey

I am in H1B. Working for Company A They filed my GC in EB3. Labor approved in Nov 2008 and I140 Approved March 2009. H1B will expire (2nd Term) in Sep 2013. Company A wants to apply for extension not interested in EB2 Conversion. I am a lead and recently got promoted. Company B is willing to sponsor GC & transfer H1B. My question is if I join B whether my priority date will stay and can be used for EB2 filing? I am from Nepal.

Asked on 6/29/12, 1:26 pm

1 Answer from Attorneys

Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

Co. B can file an H1B petition for you requesting extension of status. The green card process will need to be started all over again by Co. B through the filing of PERM http://www.h1b1.com/laborcert.htm

However, you can maintain the earlier priority date. When Co. B files the I-140 petition in EB2, copy of the earlier I-140 petition approval notice through Co. A can be attached and the USCIS requested to port the earlier priority date to the new I-140 petition.

If Co. B allows you to select your own attorney for H1B and/or the green card process, please call our immigration law firm at 212-268-3580 during business hours, or email [email protected] ot discuss.

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Answered on 6/29/12, 1:32 pm


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