Legal Question in Immigration Law in New York

Quation : I need your assistance on my H1B transfer, currently I�m on L2 EAD and it is valid through Aug 2013. and currently working using EAD for company "ABC" and my h1 got approved, which was filled by company "XYZ" and how do I continue the work with ABC from OCT1

Answer from laywer : You will automatically be in H1B status on Oct. 01 if the H1B approval notice has start date of Oct. 01 and indicates that you have been granted change of status. As you can hold only one status at a time, and this is the latest action by the USCIS, you will need to discontinue employment with ABC on Oct. 01 and arrange for being on the payroll of XYZ at that time

Additional question: whether I can transer my H1b to ABC from XYZ, before oct 1st , so that I can continue my work with ABC, as it is permanent position I don't want to loose that.

what are the possible ways to stay and continue my work with ABC it self, I heard from my "a transfer cannot be done until you have actually utilized the H1 permit earlier to work in the US" is true please advice


Asked on 9/05/12, 1:27 pm

1 Answer from Attorneys
Philip Katz Fink & Katz, PLLC

You're playing with fire by trying to figure out this very complicated situation by posting hypotheticals online. You need to consult with an attorney and give all of the exact details to that attorney to figure out what your best course of action is. There are ways that you could continue your work without interruption, but only an experienced immigration attorney could help you navigate through this. Feel free to call our office to set up a consultation if you want to go over the details.

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Answered on 9/05/12, 7:46 pm


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