msd2013

Hi,

I have been living in the US for almost 7 years. I came to work for a small consulting company who have been sponsoring my visa's. First a J1, then H-1B and also agreed to sponsor my green card. We have been in the Green card process for almost 3 years now and as I'm in tier 3 may be looking at another two years before it's processed.

So here's my dilemma, my company have promoted me along with introducing a salary cap which happens to be my current salary. Many senior staff at my company are becoming disgruntled as we are all being treated the same way along with being told that we are becoming liabilities due to the reduced margins the owners make from us. Meanwhile there are competitors who offer better salaries and benefits and are willing to hire me.

Am I able to move to another company who are willing to sponsor my green card and how would it affect my current situation along the current green card application?

I'd appreciate advice from those in the know.

Thanks in advance.

Bob

You can transfer your H1B, but you don't get any more time on it. Greencard application starts from scratch.

Being EB3, you'll probably time out and have to leave the US for a year before being able to get another H1B.

So basically suck it up and then jump ship, or pack your bags are the most likely outcomes.

airbusfan

There are a few scenarios that need to be taken into account before you jump ships. How much time do you have left on your H-1B? If you've already crossed 6 years, then you can get an extension for 3 years based on the approved I-140, if not then I would wait to get that extension. Once you get the extension, you can transfer your H-1B.

Now, the new company has to start the GC process again by undergoing the Labor and I-140 process. However, if you have the copy of the approved I-140 petition, you can port your old priority date for your new petition. Hope that helps.

london66

Hi there if you are coming up to the 6 year limit and your I-140 is not approved, your company has to apply for a one year extension to the H-1B if you want to stay in status and they have to continue to do this until the I-140 is approved, then the H-1B can be extended for 3 years.

Did your company also apply for an EAD and advance parole - I think you can work on the EAD and not renew the H-1B - I never did so have no idea how this works.

Also if your I-140 is approved and your AOS has been pending for over 180 days, you can move company without having to start the whole process again.

But as said before I would try and stick it out until you get your green card.

Another question you were here on a J-1, so you went to school here? if so did you do a masters degree, if so that should have put you into the EB2 category which is quicker than EB3

Thanks

Brendan

airbusfan

I agree with everything that Brendan has said above, except to qualify for an EB-2, the JOB has to require a MS or BS + 5 years experience. It doesn't matter if the employee is a PhD, but if the job doesn't require that minimum qualifications, then I'm afraid it'll be EB-3.

lisa67

Totally agree....from experience!

jxv73

To the OP:
-Did you have a chance to file the I-485 in July 2007? If so, you can change jobs now and the green card process stays intact if the new job is the "same or similar". This is due to the American Competitiveness for the 21st century act.

By checking the dates you provided, it seems unlikely you had a chance to send in an I-485

-If your company filed the I-140, but you did not have a chance to file the I-485, then you can still change jobs BUT the new company will have to file a new I-140 AND you will have to transfer the H1B (both need to happen but you can start working when the H1B transfer is filed).

You can get a 7th year on the H1B based on a pending Labor Cert, if you file the LC before starting your 6th year of H1B and you can ask for both the 7th year and the transfer to the new company at the same time. You can also "recapture" any time spent outside the US during the past 6 years.

The process starts from scratch except that you get to keep your Priority Date.

-A third option, depending on your PD, is to wait. PDs will have to advance around June. A recent development is that Family Based visas unused last year will be added to Employment Based. There are about 18K visas. This means there are more green cards available this fiscal year compared to the last several years.