Norma, NJ Immigration Law Firms & Lawyers

It sounds like you can file the I-130/I-485 and make a simultaneous filing. If you husband entered the U.S. without inspection then he may have to do a Provisional Waiver. There are many nuances to doing a case like this (especially if your husband is out of status). You may want to consider engaging a competent immigration law professional who would be able to assist you with regard to this matter.

You have not mentioned that you filed an I-485 application to adjust status and so I will assume that you have only an I-140 approval. With the I-140 approval, and assuming that the I-140 priority date has not been reached, you can file a new H-1B petition with company B and the company can request three years for your employment. You are also entitled to the priority date of the approved I-140 in most circumstances if company B decides to sponsor you for your immigration. The risks are the common ones of whether your future job is sufficient to secure H-1B approval and a future I-140 approval and whether U.S.C.I.S. or an American consulate officer will continue to recognize the I-140 approval in the future if you have further H-1B transfers or require an extension of your H-1B from company B.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.