I am Hib EB3. My visa will expire in October. I have to do extension. This is second time extension. My daugher is here with me, she is H4. My priority date is sep 12, 2007. 140 has approved.
I want to change a company with same position. I found one but different industry .
Can I do extension and Hib transfer at the same time?
-Yes. The H1 transfer includes the H1 extension at the same time.
Do I have to fill out extra form for both task?
-No.
I reviewed the paper of last time extension and found out there is a line to choose. Is that easy to do so for both together?
I am not satisfied with my current lawyer, can I change the lawyer?
-Do you mean the lawyer to deal with your I-140? If yes, you can not do that because the lawyer represented the employer, not you, to deal with the I-140.But after you leave the old employer, your I-140 will be useless and thus, you do not need to worry that lawyer, anyway. If you mean the H1 petition case, you do not need to do nothing and just hire a new lawyer to help you for the h1 transfer.
I don't want anything negtive happen later with the lawyer. My new lawyer's firm is in Alabama, I live in Florida,
can she take over my case?
-Yes. Normally the immigration lawyer has the license to deal with the case in the whole US.
How long it will take for extension and hib transter together? My new employer said I can start to work now but I have to wait everything get approved and then make a move.
-Your employer is right. But if you want the H1 transfer approval before you work, you may use premium processing to get it approved within 15 days. Otherwise, the H1 transfer may be approved in about 3 months.
If all application documents need any signature of my current employer or the application need some paper from my current employer?
-No.
I hope not. I don't think they will cooperate if they know my leaving.
My new lawyer told me that if my current employer issue a letter that I have experience on my position( so that I have more than 5 years experience on profession) so the case might move to EB2. Is that possible?
-Your new lawyer is right.
any risk?
-Not at all.
Will I get new labor certificate and 140
-Yes.
or the same one? Anyway, it might be hard if they know I am trying to leave.
No matter what, my daughter's case will attach with me as H4, right?