Legal Question in Immigration Law in Michigan

H1-B Transfer

I was in process of shifting jobs. My new employer filed for transfer H1-B for me and wanted me to join new company from the day of filing application with USCIS. However, I wanted to wait for approval from USCIS for H1-B transfer. Further, the new employer has filed for transfer even though my earlier H1-B was cap-exampt and the new employer does not come under such category. Do you think one can file such transfer from cap-exampt to non-cap? also, What happens to my current H1-B?


Asked on 6/25/09, 10:21 am

1 Answer from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: H1-B Transfer

Dear Inquirer:

The law allows for a person currently in valid H-1B status to begin working with a new H-1B employer upon proper filing of the H-1B petition. According to a USCIS 2007 memorandum, you may "port" your H-1B from a cap-exempt employer to a cap-subject employer.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a consultation to discuss this mater further.

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Answered on 6/25/09, 1:27 pm


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