Legal Question in Immigration Law in Pennsylvania

I am working for company A since OCT 2002. I was on L1 from OCT 2002 thru OCT 2007. Total of around 5 years in L1 B.

Effective, OCT 2007 I am in H1B visa status till now. My H1 approval notice is valid till MARCH 2011. (Used almost 3 years in H1).

I-140 is approved. GC filed in EB3, PD OCT 2004. No EAD card. My LCA end date/I-94 is March 2011.

Can I transfer my H1 to a different employer now ?

Do I need to file Labour again ? What if my Labour from new employer does not come before March 2011 ?

I have a copy of I140 approved from my existing employer. Please advise.


Asked on 7/27/10, 1:41 pm

1 Answer from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

Theoretically, you could change employers now. However, once you get the Green Card you must work for the company that petitioned you under the I-140. You could file a transfer H-1B petition now if done correctly. Please contact me for more information.

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Answered on 8/04/10, 2:39 pm


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