We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com. 

Will the new employer be able to transfer my H1-B and I-140 statuses?

My H1-B visa which was granted initially for three years plus another three-year extension expired in 2015. Since I have a valid I-140 petition with my current petitioning employer, I was able to secure an extension approval beyond the regular 6-year term. My new H1-B visa status will now expire in September 2018. I intend to move to another employer since my current employer is planning to fire many workers in the near future. This is where my question comes in. Is it possible to switch to another employer and still maintain my current H1-B visa status?

Answer: Basically, Yes. However, we advise you to get another U.S. employer who’s ready to offer you a similar or even better H-1B position before you leave your first employer. Since you’ve already secured another H-1B extension, and your current employer has not withdrawn your I-140 petition, the next step is straightforward. First, ask your soon-to-be employer to restart the “green card” application process. The application process is quite lengthy but simple. Your future sponsoring employer needs to file a brand new PERM Labor Certification and Labor Condition Application (LCA). The employer must also file Form I-140 on your behalf. The process takes up to six months to prepare so the good news is that you’ll be able to reclaim/recapture/re-use your old PERM’s earlier priority date.

We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com. 

How much time do I have to leave the country after my E2 Visa  is revoked? 

I was issued an E2 Visa (Key Employee) when I took this position. I suspect that I am about to lose my position soon and I need to prepare for my future. I have 2 questions:

1. If they follow through and terminate me, is there a set period within which I should exit the country?

2. If I have a good business plan, about 3-4 employees and $200K ready, can I form a new LLC and then apply for a new E2 visa without exiting?

Answer: The law says that you have a reasonable time to leave after your termination. Legally speaking, you are considered “out of status” immediately after your termination. This means that your presence here without a valid visa is illegal. In reality, however, unless your employer notifies the issuing consulate as well as the USCIS, no one knows about it. Talk to your employer about your concerns so that you will have no problems.

To answer your second question, yes, your investment is welcome here. You should discuss next steps with an experienced business immigration lawyer.