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Posted on 12 Apr 2010
Q.

Questions on switching employers when Labor is pending

Currently I work for company A on H1B. However, I've applied for PERM through company B in Nov 2009. Now company A is asking me to go back to my home country. 6 Years on my H1B expires on 10/10/2010(with recaptures). My questions are
1> Can I join Company C now and still continue with my GC processing with company B? Say, If I get my labor approved in near future and I apply for I-140 in premium and say get I-140 approved before 10/10/2010, can I use this approved I-140 to extend my employment with company C?
2> I've been out of the country to Canada multiple times but I haven't recaptured that time since port of entry dates are not stamped when coming back to US. Can I recapture this period, in case my PERM is audited?(to take advantage of pending for 365 day rule to get 1yr extension)

User's Location: King of Prussia, Pennsylvania, United States of America
Category: Employment-based Green Card
Posted on 12 Apr 2010
A.
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User_thumb_100_Photo_Dimitar_Michailov

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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