Legal Question in Immigration Law in Colorado


I am on H1B visa for 7 years now.

I was with Employer A when I came to USA. They applied my Green Card in EB3, my I140 got approved.

I moved to Employer B using that Employer A's I140 & got my extension for 3 more years [after initial 6 years of H1B].

Now Employer A cancelled my I140 since I moved out from that employer.


1. Is my H1 still valid?.

2. Employer C is asking me to take a full time with them. Is it okay to do a H1 transfer at this stage [without GC paper work]?


Asked on 7/10/13, 10:07 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

You can change H-1B employers (via a new I-129 petition) during the duration of time you have left on your current H-1B extension.

The problem is, if the Petitioner of your EB3 case is no longer willing to go forward, and if you have not filed your I-485 application yet, then you cannot "port", for purposes of the greencard. Also, technically, you should not be allowed to obtain another H-1B visa extension either. If you have enough time left on your H-1B visa extension, you should have a new petitioner file a labor cert for you immediately.

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Answered on 7/10/13, 11:46 am

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