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I have approved H1B and 140 woth my current employer. My current 140 is approved on jan 11, 2019. I got a new job offer from a company that’s established since 10 years but I am going to be first H1 candidate for them. They offered to apply for H1 and GC as well. What would be impediments if any with the new company? I will have to use my current 140 for H1 with new company since I will be over 6 year period. So if after joining the nee company, their 140 has issues; I would be in a crisis. With no history of H1/140 approvals, what would be the factors/research I need to consider before accepting the offer?
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Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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You may have a problem if your current employer sends a request to cancel or withdraw the I-140 approval within 180 days of its approval. Such action could possibly impact the ability to continue the H-1B past the six year standard. If the new company's I-140 petition for you has problems, you would not be able to obtain your permanent residence (I assume that you have not filed an I 485 adjustment of status application). With no history of H-1B/I-140 approvals, factors that might be relevant to consider might be the size of the company in terms of total revenue, employees, and whether the company is profitable. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Feb 24th, 2019 at 8:41 AM