Berkeley Heights, NJ Immigration Law Firms & Lawyers

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.  

Your question is not a divorce or family law inquiry but should be directed to an immigration lawyer, who would be better suited to address the current status of the rules governing deportation claims. 

If your mother leaves by the date that you have requested on the extension request, she should be treated like any other visitor to the US when she attempts to reenter at a later date. She does not need to leave the country before the expiration of the I-94 so long as she has filed a timely extension request and it is still pending. Leaving on a later date than the date requested even while the extension application is pending could possibly lead to problems. I do not know the CBP attitude to that situation. If the I-539 is denied and I-94 already expired when your mother leaves, there is even more of a possibility that she will have further difficulties in returning. 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.