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With an expired H1B and with recent tourist visa.

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


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 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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1 comment

Ashkan Emami

Ashkan Emami


Good answer


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, investors, and naturalization. Call 415.834.0600 for free phone consultation - mention Avvo! 235 Montgomery Street, Suite 728, San Francisco, CA 94104 /

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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 consultation with an experienced attorney is always the best way to go.

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