I have an approved I140 (EB3) and got my 3 years H1-B extension recently. Can I transfer my H1-B to a new employer who is ready to sponsor my GC in EB2?
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Yes, that would certainly be possible.
DOL Releases New FAQ on H-1B, H-1B1 and E-3 Programs
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Department of Labor publishes revised Frequently Asked Questions (FAQ) for the H-1B, H-1B1 and E-3 Programs.
Would a new employer be able to challenge the rejection of a prior H-1B filing?
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H-1B petitions are employer specific. The new employer would not be able to continue the earlier filing, or challenge the rejection.
Can my employer compel me to execute an Agreement under threat of revoking my Green Card?
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The Employer may not compel you to execute any document based on a threat. The employer also does not have the power to revoke your Permanent Resident Status.
In a Change of Status situtation, where I was previously in H1B status, may I begin working upon filing of the COS Petition?
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According to a recent UCSIS-American Immigration Lawyers Association meeting Minutes, you would have to wait for an approval before commencing employment.
Can I work and study on H-1B Visa?
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H-1B visa holders are allowed to study in the U.S. without having to change status as long as the study is incidental to the H-1B status that they are currently on.
I will be finishing 6 years on H1B. I have a pending PERM application filed in less than 365 days ago. Can I extend my H-1B status?
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I assume you cannot file your Adjustment Application due to retrogression. The only way to obtain an extension would be to premium process your I-140, Immigrant Petition and use the approval to apply for an extension pursuant to §104(c) of AC-21.
I am in the U.S. The H-1B Approval is for Consular Notification instead of an Extension.
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I suggest filing an Application for Action on an Approved Petition on Form I-824, seeking to amend the Petition from a Notification to a Petition for Extension of Status. You may have to appeal to Service discretion in the process, but I think this is better than going back.
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