H1b visa transfer after 1 year with out working with the company is possible?

Asked about 1 year ago - Parker, CO

my h1b expires in 2014, do I have a possibility to get a transfer to another job eventhough i have not worked with my original employer 1 year ago?

Attorney answers (3)

  1. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . To be cap exempt, you must have held H-1B status within the last six years. Additionally, if you are in the US and have not worked for a year, you are out of status and will trigger a ten year bar when you leave.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. J. Thomas Smith Ph.D.


    Contributor Level 20


    Lawyers agree

    Answered . I agree with Attorney Ferrari. You should consult with your company's Immigration Attorney on this matter.my colleague.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more
  3. Eliza Grinberg

    Contributor Level 19


    Lawyer agrees

    Answered . I am confused. IF your quesiton is whether you can change employer who would seek a new H1B petition on your behalf all in the USA and after you not having been working for a year, the answer is no. You have been out of status for a year. To change employer you would need to be in a valid H1B status.

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

H-1B specialty occupation visa

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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