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What will happen to my old EB3 petition but I got approve with H1b

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  • What will happen to my old EB3 petition but I got approve with H1b

    What will happen to my old EB3 petition from my old employer if i already got approved with H1b by another employer? will it affect me if i apply for Change-of-Status?

  • #2
    Please post clearly.

    Your H-1B COS has nothing to do with your EB-3 petition (I-140? OR PERM?). If your old employer agrees to continue the GC process while you work for some other employer, they can do so because GC is for future permanent employment. The key is to join the employer when you get your GC (or even better when your I-148 is filed).

    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      Is the PD from EB3 the issue here?

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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      • #4
        Can i apply for a new petition or change-of-status with my situation? My old employer don't know that i'm already in US by H1b and i'm planning to apply for change-of-status with my current employer soon. Will my old petition affect my application?

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        • #5
          Originally posted by PTdreamin
          Can i apply for a new petition or change-of-status with my situation? My old employer don't know that i'm already in US by H1b and i'm planning to apply for change-of-status with my current employer soon. Will my old petition affect my application?
          How is it that you are here in the U.S on H-1B and and your previous employer does not know it? What do you mean by COS? You are on H1 status (probably) and you want to change your status to H1? What's the story?
          Check out H1 FAQs first!
          http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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          • #6
            well, the story was this..my old employer won't petition h1b, so i transferred to another employer who filed me for h1b. The problem is i was filed with my old employer for EB3 which was retrogressed. So, what will happen to it? do know the answer? The fact that my current employer petitioned me for h1b and will petition me for Greencard soon, i think there's no problem..I just want to hear from people who is on the same boat with me.

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            • #7
              Your old EB-3 Labor/I-140 has nothing to do with your employment with this new employer and the COS. If you do not want to use the old GC things, then forget about it. Your new employer can re-start the GC process from scratch.

              On the other hand like I said before, If your old employer agrees to continue the GC process while you work for some other employer, they can do so because GC is for future permanent employment. The key is to join the employer when you get your GC (or even better when your I-148 is filed).

              Where does the COS come in from? Are you on some other status right now?
              Check out H1 FAQs first!
              http://www.immihelp.com/visas/h1b/h1-visa-faq.html

              Comment

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