H1b (kentucky state sponsorer)


Raj Mehta

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Posted

Hi Sir,

My H1b is valid till July 2019, 6 months back my Kentucky state agency has sponsored my H1b(03/2017 approved) before that I was with my employer with i-140 approved and priority year was 2013. 

Kentucky state has started applying my labor petition for green card and submitted (not sure whether they have posted advertisement as the position is already filled). Now they got a call from immigration lawyer that my application cannot be processed as there was no advertisement in the news paper.

Worst case My manager told me to go back to my original employer but I'm confused as my visa is valid until 2019 with state. They dont have any issues with continuing my H1B after 2019 but only if I have to apply i-485.

Should i continue with my approved 140 after 2019, if yes what if my priority date comes near and my old i-140 is still my old employer? 

Just for info my H1b initially started in 2012.

Any advice please.

Posted

Your post is not very clear. Like, who is your employer? The state agency seems to be your employer, but you also talk about a consulting company as your employer. What now?

If you want to go back to a previous employer, they would have to file a new H1 petition for you.

And a GC application is independent of an H1.

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