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Filed: Timeline
Posted

Ok my title even confuses myself.

Here is my situation and would appreciate any insight. Most topics i'm finding are pointing to Employment based GC experiences, not via Marriage.

I'm currently on H1B with company A.

Recently got married to a USC. Company A has offered to assist with the GC thru marriage petition.(i.e. They are paying for the legal fees, not the filing fees). So forms will be drafted and filed by Company A's lawyers on our behalf.

Enter Company B, Great opportunity, great benefits, attractive compensation increase. However, with the expected time it is taking for I-765 approval and EAD receipt, I'm looking at a potential 2-3 months. I doubt many companies are willing to wait that long to fill a spot when they can easily move on to the next candidate.

My question then is...will an H1B transfer/petition from Company B have any effect on the AOS/I-130 petition? Is this even an option?

Posted

I'm not sure what your question is really. If Company B wants to transfer you in the meantime before you get your EAD, then I don't see why you can't. It won't effect your concurrent I-130/I-485 petition. You can fill out the forms yourself and save yourself the lawyer fees, so no reason to stay at Company A. Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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