H1 B Visa Transfer prior to changing status on H1 B

Asked over 1 year ago - Irving, TX

I have filled a fresh H1 B Visa for company A and now I am getting a Job offer from company B who is ready to sponsor my H1, Can I transfer my H1 B to company B without actually started working for company A? On October 1, what can I do, please advice?

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . I-129 is company's A petition - -you are just a beneficiary in it. Company B needs to file a new petition. This is setting aside the moral aspect of you acting dishonestly toward company A

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Kevin Lawrence Dixler

    Contributor Level 20


    Lawyers agree

    Answered . No, you don't transfer your H1b to an employer whom you never worked for. Instead, the new employer files a new H1b based upon the originsl I-94 provided the EAD is still valid. If expired, or out of status, then you 'may' have to consular process the second H1 B visa petition without a change of status.

    I strongly recommend an appointment with a competent and experienced immigration and visa attorney before you do anything more. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.
  3. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees

    Answered . You are assuming the currently filed H-1b will be accepted and approved. Both are unsafe assumptions.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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If you have special skills and the right experience, you might be eligible for a H-1B visa if there is a shortage of qualified workers.

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