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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109310
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Guillermo. I still needed to follow up with a new question

This answer was rated:

Guillermo. I still needed to follow up with a new question around the same subject of the green card process and the fact I am considering to change my employer.

We have started the process, but we are not very far in the process.
After more than a year, only the initial filing with the Department of Labor has been completed (NOTICE OF FILING AN APPLICATION FOR PERMANENT EMPLOYMENT CERTIFICATION). But the ETA Form 9089 has not yet been filed.

I am wondering whether it will change anything for the green card process, whether I should let the process go ahead and my let my current employer file form 9089, or hold back now, in the expectation that I am changing employment. For the transfer of the H1B or the new application for a green card, will it matter, whether in the current process the form 9089 has been filed or not?
Hello again. Thank you for requesting me. So the employer that filed or will file the Labor Certification for you will keep the process going even after you leave them to go to another employer?
Customer: replied 3 years ago.

Hi Guillermo.

No, at this moment, I still did not get the firm offer from the new employer. Once I accept the offer (should it really materialize), my current employer will no longer sponsor me. I will have to transfer the H1B and apply again for the green card.

My question is, whether it will be better for the new green card application (sponsored by the new employer), not to have filed ETA form 9089. Or whether it might be advantageous to have filed the form ETA 9089 already as part of the current application process. Or maybe, there is no difference at all.


I hope I have been clear. Please, let me know.


How many years have you been on H-1B already?
Customer: replied 3 years ago.

since June 2010

Then there is no advantage or disadvantage to have a previously filed Labor Certification since you are not close to the start of your 6th year. So it is up to you. Please let me know if you have additional questions and please do not forget to rate my service to you positively as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

OK, great. So I will go ahead for now. Iwill send you another question before I do though.


Just a quick one. What would be if I was close to the 6th year? I presume that is the 6th year of the H1B.

Thanks and regards.

In order to get additional extensions beyond the 6th year, you would need to have a Labor Certification filed for you over 365 days from the end of your 6th year. Here is a link with more information:

Please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you