Legal Question in Immigration Law in New York

Dear Immigation "guru",

I have a question.

My scenario:

- was in the US working on an H1B for 2 years.

- in Sept 2008 I lost my job (like everyone else)

- have been living outside of the US since then, just going in and out occassionally on my VWP

If a new company offers me a job, is it still considered a "transfer"....meaning I just pay transfer fee, premium processing?

If i am in the US on my VWP, do i need to fly out to "reactivate it".

Thanks,

F


Asked on 10/23/09, 5:46 am

1 Answer from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

You can file a new petition, but you cannot port to a new employer in the U.S. You need to file with all the filing fees, except the premium processing fee is optional, though recommended or you would have to wait for more than 15 days to get a response from the government. The longer the case takes, and it will take probably a couple of months without premium processing, depending on the processing time when you file, the less likely the employer will want to wait.

You must depart the U.S. within the time given on the VWP. You cannot change status from that status. You can file the petition for the new H-1 while you are here on the VWP. It's not necessary to depart first, though it will be necessary to show you will depart as part of this application, in my opinion.

Feel free to contact me at 818 609 1953 or [email protected].

Sincerely,

Read more
Answered on 10/28/09, 6:49 pm


Related Questions & Answers

More Immigration Law questions and answers in New York