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?

Asked 9 months ago - 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.

Additional information

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)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . 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... more
  2. Anu Gupta

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . 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 www.... more
  3. F. J. Capriotti III

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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 -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more

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