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While GC is pending approval and one is on Extension H1B

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  • While GC is pending approval and one is on Extension H1B

    Hi,
    I am have been on H1 B for the last 7 and half years. My Green Card was applied in EB 2 Category. It has been under review for the last 2.5 yrs under perm.
    My company applied for extension on H1 B. It received a 3year extension up to November 2011.
    1. If I was to lose my job or change the company can I still work by H1 transfer.
    2. If I change the job then is it possible to have the other company transfer my Green Card process if the job description is similar.
    3. If I lose my job get on to H4 and then I get another job, can I still get an H1 B for the remaining period till 2011.
    4. If I lose my job, does this mean I am pretty much screwed.

    Thanks for all you help and comments.

  • #2
    1. If I was to lose my job or change the company can I still work by H1 transfer.
    >>> Yes.

    2. If I change the job then is it possible to have the other company transfer my Green Card process if the job description is similar.
    >>> GC cannot be transferred. They have to start the process newly. However, the priority date can be recaptured as per the labour filed by the previous company.

    3. If I lose my job get on to H4 and then I get another job, can I still get an H1 B for the remaining period till 2011.
    >>> Yes.

    4. If I lose my job, does this mean I am pretty much screwed.
    >>> Not really.
    Not a legal advice. Use of this information is strictly at your own risk.

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