Legal Question in Immigration Law in Florida

I am currently in USA on H4 VISA. I have applied H1B with CHANGE OF STATUS this year through a company "A" and the petition is still processing.

My query is

1. Company "B" is ready to transfer my H1B. Can I do that?

2. If YES to 1, will the first petition cancelled? Or both will be processed simultaneously?


Asked on 5/14/15, 10:39 am

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

You can't transfer H-1B employers until you are in H-1B status. So, no, company B can't file for you at this time. Assuming you are approved & subject to the cap, company B can file for you after 10/01/2016.

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Answered on 5/14/15, 12:33 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (800) 750-1828 to discuss your case and matters. Kind regards, RDM

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Answered on 5/21/15, 12:35 am


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