Approved I-140 & future of GC Process

[immihelp]

Dear Sir ,

I got your details by online research and need valuable suggestion. I went to USA in Jan 2003 on F1 VISA then started working there on H1B since Oct 2005 till Feb 2009. I also have approved I-140 from company A. I came to India from US in Feb 2009 (maintained lawful status throughout my stay in USA ) and due some personal reasons I couldn’t go back. Although I have approved I-129 (valid till Dec 2011) but my VISA was expired in May 2009 and I didn’t get it stamped as of now.





Now I have joined another company B in India and they want to transfer my H1b on their name so that they can send me to US as their employee. My queries are:

• If I go to USA as an employee of company B, how will it affect my green card process as I already have approved I -140 from company A?

• Is it possible that If I go to USA as employee of company B (by transferring my H1B to Company B and getting VISA stamp for B) , come back to India and then again go to USA as an employee of company A (assuming the A has still not cancelled my H1B petition and its still valid). Is this legally valid?

I would really appreciate if you could provide your valuable suggestion for the mentioned queries.


Thanks and regards,

[immihelp]

1. As green card is for future employment, as long as Employer A is willing to hire you after you get green card, it is fine.
2. It is fine.