Legal Question in Immigration Law in New Jersey

question on h1 transfer

hi

am on the 2nd yr of my h1...i changed from f1 to h1, in oct 1st 2007...and received a i-94 that is

valid until oct 1st 2010.............havent left US since then, and so didnt get my h1b stamping yet..

now, if i apply for a h1 transfer,will i get a new i-94 along with my h1 transfer approval..........

and if i dont get it, does that mean, i should leave US immediately and get my stamping and then reenter

US.....

please clarify..


Asked on 10/19/08, 11:02 pm

1 Answer from Attorneys
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: question on h1 transfer

Ok, if I understand this correctly you have been counted under the quota and have not left the US for over a year. If I base my answer strictly on that fact you should be able to transfer your H-1B without a problem except for the fact that it will not be a transfer. It will be a change of status since you are currently in F1 status (and I'm assuming you've legally maintained that status). Again, my advice is based on assumptions due to the limited facts. What you may like to to is set up a consultation, bring in all your paperwork and I can provide you a more definitive answer.

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Answered on 10/19/08, 11:17 pm


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