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Posted on 24 Aug 2010
Q.

H-1B and GC Process transfer

H1B expires on 6-30-11 (6th year with X Inc.)
PD 9-4-07 EB2
I-140 approved in 2008
Never got current to apply for I-485
Wife on H4 in US since Jan-2009.

X Inc. is a subsidiary of Y Inc. X is getting sold in few weeks and I'll be assuming same position at Y for same salary. Y won't be able to run my payroll under X anymore. Y is ready to do whatever it takes to process my visa and GC. What options do I have?

1. Can Y take over my visa and GC process without filing everything all over again as Y owns X?
2. If not, in what order and at what time should I do the following steps?
- transfer of H-1B to Y
- Y files for my PERM and then I-140.

3. Would I be able to keep my priority date?
4. At what stage of the new process, would I become eligible for 3-year H-1B extension?

User's Location: Detroit, Michigan, United States of America
Category: Employment-based Green Card
Posted on 24 Aug 2010
A.
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Elizabeth Chatham
Immigration Lawyer
Elizabeth Chatham, PLLC
(602) 759-1880

www.chathamlegal.com

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