Chandler, AZ asked in Immigration Law for California

Q: In 7th yr of H1B + I-140 approved 6+ months and joining a new job but have few questions-

1- My H1B transfer can be approved for 3 years now with new company so do within 3 years with new company I should have new I-140 approved?

2- With new company if I did not get I-140 approved within first term ( 3 years) do I have to leave the country?

Thank you in advance.

Related Topics:
1 Lawyer Answer

A: If your priority date is not current, you can continue to renew your H-1B based on the I-140 approved from Company #1. However, Company #2 will have to do a new PERM application and I-140 for you to be apply to qualify for a green card assuming that you do not have an I-485 pending.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.