Legal Question in Immigration Law in California
Hi,
My friend got an h1b visa in may 2009. His employer A in US is not calling him to come and work
over here. I know a employer B who has lot of clients to get him a job. Can he enter in to US
without the knowledge of Employer A and do the H1 transfer with employer B once he enters US
assuming there is no problem in port of entry. I heard from employer B that it is possible to chang
e the employer without any pay stubs if the days between the arrival in US is less than 45 days. My questions are as below.
1. Is it legal to come to US if we have valid visa and H1 petition from employer A?.
2. Will it create any problem in the future if he applies for Green card here?.
3.What will be the consequences from INS if they find out in the future asking employer A and employer A says he has no knowlege of his entry?.
3 Answers from Attorneys
No, he can't transfer H1B from A to B unless he works in USA for A first.
If A doesn't require his services, he can't enter USA on H1B visa.
If you�d like to schedule a telephone legal consultation, please let me know: Attorney [@] law-visa-usa.com
Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com
This should answer all your questions: If he already had the H-1B visa issued, then he could enter with the old visa and a new I-797 Approval Notice after employer B files a new petition on his behalf. He would not have to apply for a new visa, but he would need a new petition approved to enter to work for employer B. Entry without a new approval would be viewed as a fraudulent entry if the information were not disclosed, and if disclosed, he would not gain entry. It is not worth it to avoid the new petition to work for employer B before he enters.
The above is informational and doesn't form an attorney client basis. For further information, feel free to contact me.
Sincerely,
Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law, State Bar of CA
Designated in "Super Lawyers" 2004-2009, Los Angeles Magazine
Your friend may only enter on the original H-1B approval notice and H-1B visa if he goes to work for Employer A. Fortunately, he has an H-1B visa, and may have Employer B file a new petition for him as their H-1B employee. Assuming Employer B's petition is approved, then he may then enter with the H-1B visa in passport and the new H-1B approval notice from Employer B. An entry to the US with Employer A's approval notice would be considered "fraudulent" entry, given that he knows that there is not a job available any longer. Employer B may sponsor your friend for a green card as well, as H-1B visa holders are allowed to have "dual intent". This office may be able to assist you with the new H-1B petition and/or the green card application. You may phone at 415-387-1364 or email [email protected].
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