Legal Question in Immigration Law in Maryland

Transfer of H1B

I got an H1B approved in september for the company I am currently working for. I have heard that I can transfer my H1B to another employer in the future. How does this transfer work?


Asked on 12/20/07, 11:48 am

1 Answer from Attorneys
Thomas Brown Law Office of Thomas K. Brown, LLC

Re: Transfer of H1B

Under the Immigration and Nationality Act Section 214(n), an H-1B visa holder can begin working for a new employer as soon as the employer files a new I-129 petition with USCIS, so long as the employee was lawfully admitted to the US, the new petition is "nonfrivolous," it's done before the expiration of the current authorized "period of stay," and the employee has never worked without authorization.

Note that "filing" with USCIS means actual receipt of the application by USCIS.

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Answered on 12/21/07, 8:34 am


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