Legal Question in Immigration Law in New Jersey

Can I transfer my H1B?

My employer applied for H1B and it got approved in 2007. But the same employer sent me to US by applying L1B which got approved. I am in US now and want to know if I can use my H1B petition for CoS to another employee.

One more thing I only have the EAC number of the petition and donot have either soft copy or hard copy of the petition. Will only EAC number be sufficient to transfer my H1B to another employer.

I need advce and guidance and I am willing to work with an experienced LLC to change my status.

Please help!

Thanks - Kiran


Asked on 6/01/09, 11:31 pm

3 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: Can I transfer my H1B?

I would need more information regarding your particular case before I can comment on it properly.

However, an H1-B is for a temporary worker with special skills, an L1-B is also for a person with specialized knowledge but they are being transferred to the US branch/subsidiary or affiliate of the firm that they were working for abroad. This is the deference between the two visas.

The immigration service already knows that at some time you were granted an H1-B visa before it was changed, this information remains on your file.

An important fact to be determined is whether immigration stamped the H1-B visa in your passport at any time?

Patricia Martin-Gibbons

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Answered on 6/04/09, 4:46 pm
Rachel Baskin Rachel Baskin, Attorney at Law

Re: Can I transfer my H1B?

You need to speak with an attorney who will need to review the H-1B, as well the L-1B to determine if you can now change status to H-1B. Your new employer will have to file a new application for you with USCIS.

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Answered on 6/02/09, 11:07 am
Anthony Siliato Meyner and Landis LLP

Re: Can I transfer my H1B?

We have substantial experience in business immigration issues such as yours. We can provide a phone or in-person consultation for $150 which may be paid by credit card.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

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Answered on 6/02/09, 11:08 am


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