Legal Question in Immigration Law in New York

Multiple H1

Hi I am in the US on H1 for past 3 months. I also have a approved H1 petition (I-129)through a different employer.

Can I work for the 2nd employer without going through the process of transferring the H1. Also, what about Visa status ? Do I need to get my visa stamped before I work for the 2nd employer?


Asked on 6/20/06, 5:56 am

2 Answers from Attorneys

Patrick Klauss Berd & Klauss, PLLC

Re: Multiple H1

Dear Sir/Madam,

In order to maintain a valid H-1b status you must transfer your H-1b to the new employer. However, once you file for the transfer you will be able to work for the new emloyer before even receiving a response from the USCIS.

Regards,

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Answered on 6/20/06, 11:38 am
William Frenkel Frenkel Sukhman LLP

Re: Multiple H1

Generally speaking, if your second employer have filed his own LCA and H-1b petition for you and received approval, you can start working him for the new employer right away. In the right circumstances, you could start with the new employer even without waiting for approval if you were a holder of a valid H-1b visa and were in status. No new visa is required if you stay in the U.S.

Of course, devil is in the details, as they say, so if you have questions, feel free to contact my office.

The above response is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 6/20/06, 11:59 am


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