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H1B transfer before Oct 1st from employer A to employer B

Santa Clara, CA |

Currenlty i am in L1b visa, applied for H1 through employer A and i was selected in lottery. i got a job with employer B and they are not ready to do corp to corp instead they want me to transfer the H1B Visa on Oct1.
My question is do i need to work with employer A for couple of months before moving to other Employer b? will there be any problem in future while i am applying for GC? or will i be facing any other problems in future? Please help…..

Attorney Answers 3


There is nothing different Employer B has to do on October 1st than now.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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I've never encountered this particular issue, however, it appears you are free to file a change of employer to the second employer because your H1b was already counted. Of ourselves the entire packet including the LCA should be redone. Also this should be premium processed. See a good immigration ASAP to double check this, although its entirely possible the second employer has their own immigration attorney that handles H1bs on behalf of your proposed employer.

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You first need to see that employer A's H-1B petition is approved, then start working for A on October 1st, in order to "activate" your H-1B status. You can then "transfer" if employer B files a new petition AFTER Oct. 1, when you'll already be in H-1B status (hopefully.)

There shouldn't be any problems with any GC application by B in the future.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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