| Q. |
Working for other employer when EB1 (a) has not been approved
My current situation is as follow:
H-1 B visa (Employer University) - Expiration date 09/30/2010
Applied for permanent residency on July 18, 2007 (Extraordinary ability) - I am still waiting for approval of I-140 (Degree Ph.D)
Petitioner: University
I do have Employment Authorization Card (EAC)
I did Biometric on January 9, 2008
My questions are as follow:
1- How can I work for other employer from January or February 2009? (Can I transfer my H-1B visa, or O-1 visa or any other way or I can work with my EAC)
2- What will happen to my Green Card application, if I change my employer? Can I change petitioner to myself or other employer?
User's Location:
Raleigh, North Carolina, United States of America
Category:
Employment-based Green Card
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| A. |
Thank you for your question.
You can transfer to another employer, but in order to preserve your green card process, you should wait for at least 180 days following I-140 approval before you switch. The easiest way to switch another employer is either to do H-1B transfer or to use EAC based on your pending I-485. There are cons and pros for each approach, but they are both fairly easy. O-1 visa is likely to be more difficult to prepare.
As I indicated above, you should wait for 180 days following I-140 approval before you switch job in order to be able to preserve your green card process.
Best regards. |
| |
Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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