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cvb23
12-11-2006, 10:05 PM
Hi Guys,
I may be a victim of a layoff in my company soon and wanted to know if it's possible to take up a new job since I am on my seventh year of H1.I have a 3 year H-1 B approved petition based on my EB-2 I-140 approval.If I cannot take up a new job,can I switch to H-4 status based on my wifes' H-1 and keep my GC application active by requesting my present employer not to revoke it.

Any help would be greatly appreciated.

Regards,

neelu
12-12-2006, 01:20 AM
Hi Guys,
I may be a victim of a layoff in my company soon and wanted to know if it's possible to take up a new job since I am on my seventh year of H1.I have a 3 year H-1 B approved petition based on my EB-2 I-140 approval.If I cannot take up a new job,can I switch to H-4 status based on my wifes' H-1 and keep my GC application active by requesting my present employer not to revoke it.

Any help would be greatly appreciated.

Regards,


As far as I know, now that you have your 3 year extension, if you can find a new job (employer) and transfer your H-1, you should be okay.

I dont know about the case when you cant find a job to transfer H1.

But in either case, you better consult a good attorney about your case. Please do post what you learn.

Hope that helps!

vikrantp
12-12-2006, 09:32 AM
I have a bit unrelated question.

If I have filed through EB2(BS+5) NOT masters ,Can I file for premium processing of my I140 application ?

cgs
12-12-2006, 09:56 AM
As mentioned by the eariler post, get a new job with another employer by getting your H1 transferred. If you do it immediately, the transfer will be smooth as you have your prior months salary slips.

You may have to consult attorney for the following:
. Converting to H4 might invalidate your H1 completly.
. You might not get H4 as you have already completed your 6 years, might have to take 1 year break
. I think it is very important to get your priority date ported than anything else, so get your H1 transferred immediately. Try to get the required documents from ex-employer and ask for his support (not revoking it)

pappu
12-12-2006, 10:01 AM
As mentioned earlier, pls. use descriptive title when starting a new thread. The thread will be opened if the starter of the thread edits the title. We need to enforce this so that it is easy to sift through threads by all members.