Legal Question in Immigration Law in Florida

h-1b transferral

i am a civil engineer working with an h-1b visa in florida. i was wondering if it is possible to transfer the visa to an other company? if so, what are the fees and procedures associated with that? also my h-1b visa is not stamped to my passport yet, does this have anything to do with the transferral?


Asked on 11/15/04, 8:12 pm

3 Answers from Attorneys

Baoqin Wang Law Office of Baoqin Wang

Re: h-1b transferral

You can have another employer sponsor your H1B and change your job. It does not matter that you don't have the H1B visa stamp on your passport.

The transfer process is the same as filing a new H1B petition, including Labor Condition Application with the Department of Labor and H1B petition with the US Citizenship and Immigration Services. The filing fee is $185 for regular process and the premium processing fee is $1,000. Attorney's fee varies.

Please visit my firm's website for more information on H1B related topics. Feel free to contact me if you want to retain our services.

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Answered on 11/17/04, 7:08 pm
Gabriel Jack Muston & Jack P.C.

Re: h-1b transferral

previous attorney's posting is true. you do not need to worry if it is a different employer. the only issue you may need to concern yourself with is when you actually leave your current job. if you do not want to have to file a consular case, you will want to show that you are currently working for the first employer at the time you file the case. Call my office if you want to start a case.

Gabriel D. Jack, Esq.

408.293.2026

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Answered on 11/17/04, 7:39 pm
Myron Morales Lee Lane Smith LLP

Re: h-1b transferral

Yes, you can transfer it to another company. You can get the visa stamp whenever you get the new approval notice. It should not affect the transfer if your previous approval notices have I-94 forms attached. I can e-mail you my fees if you are interested.

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Answered on 11/18/04, 2:19 am


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