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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.
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 Since you’ve already secured another H-1B extension, and your current employer has not withdrawn your I-140 petition, the next step is straightforward.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.
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.