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


    Contributor Level 20


    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


    Contributor Level 19


    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


    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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