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lfnovo

M$5 October 09, 2009 12:12 AM

Can I change jobs while I am waiting for my Green Card approval under a L1 Visa?

Hi everyone,

I've been working in the US for 14 months now after getting transferred from my company's branch in South America. My wife came with me as a L2.

As a L2 holder, she got an EAD already.

3 months ago we filed for the Green Card process under my current company's sponsorship. I already got my EAD and our fingerprints taken.

Problem is that the company is not doing very good and I might lose my job at any moment. I have an offer from another company, but I am not sure if this transfer will be possible. Can you help me by sharing your knowledge/experience?

1 - I heard there is a way (AC21) to change GC sponsors between the 6th month after filing the I-485 and it being accepted. Anyone know if there is any risk on that?

2 - If I leave this company and the new company does not carry on my GC application, I will need to transfer to another type of Visa. I guess it would be the H1. Since I am already in the US, do I have a better chance of getting a H1 or do I have to be on the same line as everyone else? Can my new company sponsor my H1 and guarantee it's acceptance?

3 - If I do get an H1, my wife will probably need an H2, correct? And, if that is the case, will she be allowed to work in the US?

Thanks a lot for your help

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unwirklich

October 10, 2009 12:46 PM

I did some googling for you, as I don't have person experience in the topic.

This site: http://www.immihelp.com/visas/l1/faq.html
Provides at least that you can change employers with an L1 visa.

This site: http://immigrationroad.com/green-card/ac21-portability-change-jobs.php

Has a wealth of information on the AC21 you mentioned. Especially relevant to your question #1.

"May I still use AC21 if I left my employer before the 180-day mark?

It is possible. The fact that you have left your previous employer prior to your I-485 pending for 180 days is not the basis, by itself, for denial of your portability case. The reason is that adjustment of status is based on prospective employment, rather than an existing one. However, it is still a high-risk move."

Over all I would contact the USCIS office and just ask. No better way to find out for sure. There have been changes to visa laws as early as late January this year. Even if you find someone here that has personal experience, circumstances have likely changed since then.

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