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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94664
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Dear Sir, I worked for a American IT company in two different

Resolved Question:

Dear Sir, I worked for a American IT company in two different countries and got a L1 visa to work in US in 2012 and when I was ready do move to Dallas,TX, the whole IT project was canceled and the company gave up with my entire team and I decided to quit. My visa is on my passport (and my husband with a L2).

I'm Brazilian and working in Brazil righ now.

Is it possible to change my L1 visa (tied to the company I used to wok) to a H1 visa ?

A few companies have been contacting me for job opportunities, but they don't sponsor visas.
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.



It is possible, but not probable. I'll explain. For the H-1B, you need to get a job offer. The job offer must be for a company that is offering a position that is related to your degree and experience. The position must normally require a bachelors degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay you what is normally paid to someone in that position. Also, because they are used up for this year, you will need to apply on April 1, 2014 to start working on October 1, 2014 or later. The exception is if you apply for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap.

Here is an official link to the H-1B:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD

So while it is possible for you to do that, if the company is not a cap-exempt company, then you will have to wait until April 1, 2014 to begin work October 1, 2014.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94664
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you

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