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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24288
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hi, I have a question about H1B "transfer. My situation: I

Resolved Question:

Hi,

I have a question about H1B "transfer.

My situation:
I have H1B (2013 cap) visa stamped from employer A. But for now they can't find job for me in US and i'm still in my country. I find employe B that willing to do transfer for me.

So the questions is next:
1. Can i have "transfer" in this year or i need to wait until 2015 cap?
2. Does i need any approval from company A to do a "transfer"?
3. Does i require to do another visa stamping?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

1. Can i have "transfer" in this year or i need to wait until 2015 cap?

Your new employer may file a new petition for you and you are NOT subject to the cap. You may use the cap number from the petition filed for you in fiscal year 2013.

The law only requires that you have a petition. It does not require that you went to work for the petitioner.


2. Does i need any approval from company A to do a "transfer"?

You need a copy of the I-797 Notice of Action - Approval Notice for Company A petition or a copy of the approved petition.


3. Does i require to do another visa stamping?

NO, your current H1B visa stamp is falid to enter with the new petition approval notice I-797.

 

No new visa stamp required.

 

Judith

Customer: replied 1 year ago.

NO, your current H1B visa stamp is falid to enter with the new petition approval notice I-797.



Does it mean that i can go to new employer as soon as they file a petition. Or i need to wait for approval of this petition?



Also i never entered by H1B visa into US, so i don't have I-94.



I asked question about stamping because i see a lot of answers on this site to similar question, and answer was that new stamp is required. Can you please clarify it?

Expert:  Judith replied 1 year ago.
I have been doing H1B visas for as long as they have existed - 34 years. You do NOT need a new visa stamp. I don't know what expert has said that but they are wrong.

Here is the link to the Foreign Affairs Manual that backs me up.

http://www.state.gov/documents/organization/87226.pdf

Customer: replied 1 year ago.

Thanks, XXXXX XXXXX link to document.


 


What about "Does it mean that i can go to new employer as soon as they file a petition. Or i need to wait for approval of this petition?"


Expert:  Judith replied 1 year ago.
We are having site problems, here is the rest of my answer.
I know you are not in the US. I know you do not have an I-94. I acknowledged that in my answer to #1.

You may NOT enter the US until your petition has been approved. My answer said you need the old visa and the new I-797 petition approval.

All the best on your new job!
Judith
Expert:  Judith replied 1 year ago.
Did you get my follow-up answer? We are having site problems and I had to divide the answer in half for it to go through Sorry.
Customer: replied 1 year ago.

Thank you for your answer. Give me few hours to go through pdf that you send me. If i wouldn't have any additional question i will close this topic with "Excellent service" rate

Also can you please point me to paragraph related to my question?

Expert:  Judith replied 1 year ago.
I think you missed my answer. It is above.
Here it is again.

You may NOT enter the US until your petition has been approved. My answer said you need the old visa and the new I-797 petition approval.

All the best on your new job!
Judith
Customer: replied 1 year ago.

Yep i catch you answer, but my question is about stamping new visa after i get new I-797. If you can point me to proper paragraph inside document i would appreciate it.

Expert:  Judith replied 1 year ago.
Page 38

9 FAM 41.53 N8.4-3 Validity of H-1B When There is a Change of Employer
(CT:VISA-1406; 03-11-2010)
a. After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24288
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 2 other Immigration Law Specialists are ready to help you
Expert:  Judith replied 1 year ago.
Did you get that answer on the validity of the visa stamp?

Judith

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