With an expired H1B and with recent tourist visa.

Asked over 2 years ago - New York, NY

i have an expired h1b last 2010. i was not able to use it coz my employer told me that there is no available work at that time. i'm here on the states using a tourist visa which will expire 3 months from now. can i transfer my expired h1b to another employer. i don't have any paystubs since i was not able to use the H1b.

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Best Answer
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    Answered . You can apply to change your status to H-1B. You are not subject to the cap since you were previously in the U.S. in H-1B status in 2010.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Eugene J. Glicksman

    Contributor Level 17


    Lawyers agree

    Answered . Iconcur with my colleagues Mr. Shusterman and Mr. Schmidt.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A... more
  3. Christian Schmidt

    Contributor Level 19


    Lawyers agree

    Answered . For you to chance your status, a new employer must file another H-1B visa petition on your behalf. The petition can be filed any time because it would not be subject to the annual cap after a prior petition was approved for you within the last 6 years.

    San Francisco Immigration Attorney for removal defense, all work visas and avenues to permanent residence,... more

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