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Is it possible to transfer from H1B to H2B visa for Executive Chef's profession? See details below..

Jackson, WY |

Hi,

I am on my 2nd H1B with company A working as F&B Manager. I have an offer from Company B to work as an Executive Chef. Since i have researched on my own and seems like chances are very slim to be approved for H1 transfer under Executive chef. What are my options that can be used to transfer under to Company B- H2B or E2 visa? Company B is willing to start the GC process as well, as soon the transfer is initiated.

Thanks for your time.

Attorney Answers 4


  1. Good morning. This is definitely a situation where I think that you and your employer would be well advised to consult with, and likely work with, an immigration lawyer. An H1b transfer might work, it just depends on what the requirements for the job are in terms of experience and education required for the job. An h2b is perhaps not a great choice because it they only allow a person to work in the US for a season, meaning that part of the year you'd have to leave the US. And E visas have a few special rules about them related to the nationality of the business's owners, etc. it seems like you're a skilled individual working in a world class locations, so I think that with the assistance of a creative and skilled immigration lawyer you and your employer should be able to come up with a few options to explore and consider. I'd be pleased to speak with you further if you're interested.


  2. I agree with my colleague.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Subscribe to our Free Immigration Newsletter
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (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.


  3. I agree with my colleagues--this is not a self-help situation. Find an attorney that specializes in employment-based immigration to explore your options before you make a mistake that has dire consequences (something that, unfortunately, is pretty easy to do with immigration applications).

    This answer provides only general information and may not be relied on as legal advice. For more information about immigration law and policy, please visit www.lichterimmigration.com or follow us on twitter (@lauralichter) or facebook, www.facebook/lichterimmigration. To find an immigration lawyer in your area, log on to www.ailalawyer.com. Listed attorneys have been members of the American Immigration Lawyers Association, the nation's premier bar association for immigration lawyers, for at least two years, comply with annual continuing legal education (CLE) requirements and carry malpractice insurance.


  4. You will need the assistance of a skilled immigration attorney to manage the process with USCIS. There are many here on AVVO and the Wyoming Bar Association could possibly offer a referral.

    The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.

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