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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28072
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am currently under H1B Visa. And my employer is sponsoring

Customer Question

Hi,I am currently under H1B Visa. And my employer is sponsoring my green card. Company attorney started working on my case in June this year. Right now, they haven't filed labor certificate. I am thinking to switch to another job. So would like to know the H1B transfer process and risk. Also, Can i switch to the same position with different company if I already filed and passed I140?? Thanks!!!!
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Judith replied 3 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

The new employer will just file a new I-129 and request an extension of stay for a full 3 years and changer of employer.It is identical to the first process except you are in the US.

If the lawyer has not filed the DOL PEEM yet you are a long way from getting an approved I-140 so I am not clear on what your question is about the same position with a different company. The new employer has to start from the beginning and start their PERM process for you from scratch. You do not get any benefit from the one your current employer filed.

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