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H1 visa transfer while abroad
Philadelphia, PA
Viewed 449 times.
Posted about 1 year ago in Immigration
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Hello,
I have a specific question about H1B Visa transfer. I am a British citizen and hold an H1 visa from company A. I have travelled to the US on that visa to apply for my social security number, which I now have. But I have never worked on that visa since the specific project which I was recruited for never took off. I am back in England now. My question is: whether company B which offers me a permanent job in the US can recruit me by transferring my visa to itself while I'm still in England? Please remember that I have no payslips as I have never worked for company A though I have travelled to the US. - Is this your question? Add additional information Answers (1)Stuart Jonas Reich
This attorney is licensed in Pennsylvania and 2 other states.
Posted about 1 year ago.
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I'm sure I sounds like a broken record when answering questions here, since my answer will always begin with how important it is to speak with aa qualified immigration lawyer.
There are several reasons for this: first, there may be aspects to any individual's situation that impact other areas of immigration law that might, at first appearance, have nothing to do with the specific area we are discussing - but which might neverthelesss severely impact the outcome (visa fraud issues - even unintentional ones - for instance). Second, even when discusssing the point at hand (here, the H-1B), there are facts which might be relevant which a non-immigration-lawyer asking the question - even a well informed person as you clearly are who has researched the issue well - might not realize are relevant and so might not present here. For instance, there are several things which will impact the answer here. 1) When you entered using the H-1B, did you know that the job wasn't there, or discover it after you got here? If you knew upon entry and just used the H-1B to enter to get the SSN, you may have a visa fraud problem that could be an issue for every subsequent U.S. entry/application. 2) How long have you been back in the UK since leaving? If you got a cap-subject H-1B and then spent a full year abroad, this "re-sets" the H-1B clock - you have a full new six years, but need to apply under the cap again. If the H-1B was under the cap and you spent less than a year abroad, you should be able to transfer it to Company B without applying again under the cap for next fiscal year, 3) Was the original Company A H-1B cap subject or cap exempt? Is Company B cap subject or cap exempt? If Company A was cap exempt, you need to apply under next year's cap even if you havve been abroad less than a year. If Company B is cap exempt, you need not wait to apply under next year's cap even if you have beeen abroad over a year. Payslips would only be an issue if you were in the U.S. and trying to sswitch the H-1B to Company B here without your having to leave the U.S. Again, because of all the "ifs" here I suggest speaking with a qualified immigraation lawyer before moving forward. Good luck! |