Legal Question in Immigration Law in California

Another company in US is willing to do a H1 transfer for me

My question is can i travel to US on the existing H1b?

If i need to go to US for a visit, can i travel on the H1b or do i need a visitor visa?

I don't intend to disclose this to my company till the H1 transfer is completed

Please advice


Asked on 3/14/14, 10:48 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

If you are currently outside the United States and are no longer working for the company who petitioned you for the H-1B visa that was approved, then you technically cannot legally enter (and therefore should not enter) the U.S. on the H-1B visa in your passport, assuming the validity date is unexpired.

However, the new, prospective employer can file an I-129 petition for you as a "change of employer" & you can request the "remainder" of time left on your approved I-129 petition, assuming there is any. Then you could get the new H-1B visa issued at the U.S. Consulate, at which point you would be legally able to enter in H-1B status, as an employee of the 2nd company.

The new company hopefully has an immigration attorney to file the I-129 petition on its behalf, which means this information would come to light anyway.

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Answered on 3/14/14, 12:35 pm


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