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I am on a L1 visa for Company A. myH1B petition with this company is appoved for Oct 2013. Can I change my employer now?

New York, NY |

I am on a L1 visa for Company A. This company has applied my first H1B for me few months ago. It is approved for Oct 2013. A new company B wants to hire me, however the H1B pool is full, they could not apply a new H1B for me. I want to ask: since H1B pool is full, can any other company hire me and take over my H1B and make a transfer (change of employer request) now or in Oct.

My current Company is reallocating me back to my own country in 3 weeks. I have to leave in 3 weeks. Can I come back in Oct and work for another company if any company can take over my H1B.

Attorney Answers 3


Because a H1 was approved for you, you are quota exempt. Any other employer can file for a H1 for you. You can start work Oct 1.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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You had better talk to the new company's immigration ATTORNEY and not a non-attorney in HR.

You don't appear to be 'portable' if you don't start work with the current company in October.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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You can start the H-1B job on October1.

(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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