mctraill

Hi
It would appear my husband is about to lose his job, usual story, slow work, dont need him anymore...Blah, blah...both have H1B visa's... He has had his for 5 years I have had mine for 2 years...

We have our green card application in and are waiting for our priority date to become current, could be another 2 years yet...

I understand we can transfer the H1B visa, how long do we have from stopping working for company A to finding company B to take the visa on?

Anyone know the chances of us finding a company any advice...In the meantime we are also looking into going home to see if this is an option...

Although we own our home, there is enough equity that we could sell it at a lower price and pay off the bank plus realtors fees, we dont have loans or credit card debt, we do have some savings...

Any advice or help would be very much appreciated, I did read through a lot of the postings but couldnt find the answer to the question...

Thanks

ian-mstm

He can get an H-4 derivative visa based on your H-1B... as a stopgap method to remain in the country until he can find a new H-1B sponsor.

Ian

mctraill

OK never thought of that, would that affect his GC application though?

ian-mstm

That depends on which one of you has the sponsoring company. If it's him, and he leaves his H-1B employment, then his GC application goes out the window unless it's well into the process. If it's yours, then his status will likely be unaffected by a visa transfer/change.

Okay... just read your post again... you're waiting for your PD to become current. 2 years is a long time. You may be able to change sponsorship to your company (if they're up for it) and maintain the same PD. Best to speak to an immigration attorney about this though... and probably not the company's lawyer! You want someone protecting your interests... not the company's interests.

Ian

mctraill

Thanks for your reply, appointment made for attorney not connected to company...Thanks for the advice...

JCraigFong

Ian, don't forget that the H-1B exists in a different orbit than the EB-3 petition. It is NOT strictly necessary that the employee be CURRENTLY employed by the EB-3 sponsor. True, it is USUALLY the case, but it is NOT a requirement. What IS required is that the employee must work for the petitioning company IMMEDIATELY AFTER the green card is approved.

In theory, an alien could work for company A, get a labor cert and petition with company B, and then when the EB-3 priority date arrives, adjust to work for company B.

Of course, regardless of any pending EB-3, the alien MUST stay in some legitimate status, not overstay, etc. in order to be able to adjust.

--J

1chumly

What kind of work does your husband do? Someone may have a lead if we know what his experience is in.

mctraill

My husband is a Production Manager, he has lots of experience of the larger oil companies products, rework jobs...