Need suggestion on H1 transfer for my freind

[venu_93]

One of my friend is on H1 . I-140 has been approved last year. Waiting on I-485 to be current. His H1 max period (6 years) will expire by Dec 2010.

Question :

--> His client has offered a permanent position in the company . With this, he has to resign from current employer to join the client. If he decides to move to permanent position, He has to start over again on green card processing .

a. Is this a right decision at this time ?
b . In case, if he moves to new client , they may not start greencard processing until next 6 to 8 months. If at all they dont process , is he eligible to extend his stay in US after his max period expiry of h1 visa.

Please suggest.

[kabkaba]

If his duties are similar he may not have to abandon the PD, it can be carried using AC21 provisions. He can consult a lawyer in this matter.

[txh1b]

Your friend could join the new company and extend his H1b for 3 more years based on the approved I140 of the previous employer provided the employer does not revoke the I140. It is also recommended that his new company start a labor process immediately and recapture the PD based on existing I140 approval.

Let him talk to a good immigration attorney.