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H1 B transfer

Palo Alto, CA |


I am working with company A and my H1B Visa is stamped. The stamp is expiring in Sep 2014. I have not travelled to US yet.

Now I have got an offer from Company B. They say that they plan to send me to US. Now my questions are:

1) Is it possible for Company B to get the visa transferred under cap exempt?

2) Should I get the visa transferred before I join company B?

3)Can Company A cancel my visa stamp if I leave them?

4) Can I travel with Company A's stamp and company B's approved petition?

Attorney Answers 3


Why not to ask all these questions from the company B attorney? After all, they want you, right?

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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I agree with Attorney Segal. The company's Immigration Attorney is in the best position to answer your questions.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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1 lawyer agrees


1) It is not a transfer but the petition is cap exempt
2) No
3) No. They can revoke their petition
4) Yes

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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