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Currently on H1B, applied for work permit(family based).

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  • Currently on H1B, applied for work permit(family based).

    Hi, I have a question: I filed for "EAD" and "adjustment of status"(family based, spouse:US citizen) in chicago as I am a resident of chicago. I still have 30 more days left for the 90 days period to get my Work Permit. My new employer whom I will be joining shortly is based out of New Jersey. The new employer does not want to wait till I get my "EAD" and says that he is willing to sponsor for my H1B visa and willing to transfer my H1B visa from the old company to the new company:

    1. If the new employer applies for H1 transfer out of newjersey then will I loose my case(EAD/adjustment of status) in Chicago as i will become resident of newjersey and no longer be a resident of chicago???
    2. If I allow the new employer to transfer my H1 visa and start working for him and dont inform INS about the transfer will it create a problem for me at the time when I go to get my work permit in chicago and also at the time of Intervirew for Greencard???
    3. If somehow I persuade the new employer to wait till I get my EAD and after getting EAD quit my existing employer(he will cancell my H1 visa once I quit) and then I start working for the new employer(since I will then have EAD, I guess i dont require H1B transfer anymore??) and move to newjersey , then will my case(of adjustment of status) get transferred to NewJersey and further delay the processing???? OR can I still continue processing in chicago eventhough I work in New Jersey???

    I am struck in a kind of situation where I dont know what to do and also dont know what to tell the new employer and also at the same time do not want ot loose this opportunity. Please advise....

    Regards,
    vajahat

  • #2
    if you are

    in the middle of al AOS, i do not see how your new employer can sponsor you with h-1b. are you currently maintaining your h-1b status?

    ps: a change of state does not harm any petition.

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