Legal Question in Immigration Law in New York

H1 to be transferred to another employer at US, while I am presently in India

Dear Sir,

I have an approved H1 visa stamped on my passport from employer A. I have never travelled on that visa. Can you please guide me on the following questions:

1)Can I transfer it to another employer in US while in India? How much time does that normally take?

2) If my current employer cancels my H1 visa or it gets cancelled when I travel on L2 visa to join my husband in US who is on L1 visa, can I go for change of status for my cancelled H1? How much time does that take? Are there any additional formalities or precautions that need to be taken care of?

3) I have a B1/B2 visa valid till 2016. Can I use that to reach US, to visit my husband at US, and then try to transfer my active H1 (Just in case my employer hasn't cancelled it). Or if it has been cancelled, can I go for a change of status while I am on B2 visa? Is this advisable? If so, how much time would that take?

Can you please respond at my email ID. I would like to work in US for about 2 years, and then again settle in India.

Thanks a lot for all your time and advise. Looking forward to hearing from you.

Thankyou


Asked on 11/26/06, 8:19 am

1 Answer from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: H1 to be transferred to another employer at US, while I am presently in India

1. Yes, from 15 days (if employer pays for premium processing) to several months (if not).

2. Yes, about the same time.

3. Theoretically yes, but there's some real risk of being denied entry based on your and your spouse's circumstances.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such. Seek the advice of a business immigration attorney to get full answers to your questions before acting -- yours is a relatively complex factual situation that cannot be dealt with in this forum.

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Answered on 11/26/06, 8:55 am


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