H1 transfer during 2nd term

[mahathit]

I am working at comapny A and I have my I 140 approved. I am in the last 10 months /of my H1(2nd Term). I have an offer from company B. Will I be able to work for company B? I have another greencard application running on my husband's name. In this current situation, is there any way I could work for company B?

Please suggest.

Thanks

[Attorney_22]

Generally, the regulations allow an individual to utilize an unrevoked/not withdrawn approved I-140 as the basis for a post sixth year H1B extension even when the I-140 was not filed by the same employer who is filing the H1B extension. However, unless you also have an I-485 application pending for 180 days or more, and your new position is the same and/or similar to the position described in the I-140 petition/Labor Certification, you will be unable to utilize the protections offered pursuant to AC21. Therefore, unless your old employer will continue the green card process despite your departure, your new employer will need to start a new green card process on your behalf. If you have additional questions regarding this matter please contact a qualified U.S. immigration attorney directly to obtain more detailed information relating to your personal circumstances. The Murthy Law Firm is very well-regarded with extensive experience able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.