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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108980
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am the owner of a newely formed LLC,I need to transfer

Customer Question

I am the owner of a newely formed LLC,I need to transfer employee from different firm h1b to ours. How do i do that?
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: No
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: The LLC is registered n Delware, I need to know everything that needs to be done, before i can transfer an employee to my company's H1B
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Sorry for the delay. They are working for a private company at the moment? How long have they been on H-1B?

Customer: replied 10 months ago.
they are working on some other company payrole
Customer: replied 10 months ago.
They have been on H1B for 2 years
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Ok. An H-1B transfer is like filing a new H-1B with all the requirements except that he doesn't have to go through the H-1B visa lottery since he has already been counted against the H-1B cap.

The information on the H-1B is basically that he must have a job offer, the job offer must be for a company that is offering a position that is related to his degree and experience. The position must also normally require a bachelor's degree or higher. Your company must have a need for someone in that position and must have the resources to be able to pay him what is normally paid to someone in that position. All these things must be provable with financials, business plan, etc.

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

So the first think you have to do is pull an Labor Condition Attestation (LCA). Here is a link:

This is an attestation that there are no qualified US. workers in the area for that position.

Once you have that, then you can file the I-129 and supporting documents. As soon as USCIS gets the filing, he can go work for you.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 10 months ago.
Can you refer some one who can help me do this profesionally. We are newely registered LLC, How do i sign up for ?
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

The website seems to be down for me. Is it down for you?

Customer: replied 10 months ago.
Customer: replied 10 months ago.
No problem, take your time. I will wait. Thanks
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Not sure why it is down for me. But anyway, you can look for an attorney at if you want to find one locally.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Thank you for your kindness and respect. Good luck to you.

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