Hi,

I am working on H1B visa and this is my 7th consecutive year on this visa, as my company filed my Green Card State labor petition and I can get the extension for one year every year.

My questions are:
Can another company transfer my H1B visa and do my 8th year H1B1 visa extension? Can the same company also file my Green Card?
Or I have to stick with my present company till the time my Green Card is processed?

Thanks,
Anurag

if you change companies you have to start all over again. i.e a new file.
come to canada

Janmeja is right

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We will find a way or we will make one

Per AC21 regulations, you may change employers and continue the GC process provided:

1. You live in the US and your LC and I140 have been approved and you have filed for I-485 (consular processing does not count) and the 485 is pending AND

2. Your new job can be classified as same (or similar) as your current job.

In your case, with pending LC, no you cannot.

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Dimple2001

Hi,

You can change the employer and start a new process for GC. But to get 1 year extension of H1B, your labor should have been pending for more than 360 days. In such a situation, if your previous employer cancels your pending LC, you won't be able to get the next 1 year extension.


From the weblink, http://www.murthy.com/chatlogs/ch120505_P.html

Chat User : Can one with an H-1 switch to employer B from employer A in the 7th year without a permanent labor receipt from employer A (GC labor status pending with employer A)?

Attorney Murthy : The U.S. Department of Labor (DOL) will generally issue a computer printout of the person's filing status at the DOL, based on certain data, and some such evidence is required for the 7th-, 8th- or future year H1B extensions. The risk of joining employer B is that, if employer A cancels the pending LC, the next year's extension then could become a problem and the person may have to depart the U.S. for one year or until the new H1B cap numbers become available again.

the process described above sounds messy. who has the time to focus on it when there are so many other options today ?

anuragkul,
A H1B is issued for max of 6yrs ie 3 years first and renewed for another 3. and then you have to exit US and come back on a new one for a diff position. Where and who gave you a h1B for 7 years???