Legal Question in Immigration Law in North Carolina

Hi,

I am under a H1B visa and working in company A. But my job is mostly to work for company B, a partner of company A.

Now, company B wants to hire me, can I start the process of the visa transfer or does it have to be up to company B to do it?

Second, is it like a new H1B application or is it just some kind of transfer form?

My job doesn't always require for me to be at the work location, is it possible to specify the work location as both the company's office location and my home?

Last, what happens if the visa transfer is declined? Do I loose my visa and have to go to my home country or I can just keep working for company A?

Thank you.


Asked on 10/13/13, 6:26 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Only the Petitioning U.S. company can file the I-129 petition for the H-1B visa.

Yes, it the same process for the (new) H-1B. There is no short cut for a "transfer" to another H-1B employer, even if it is a subsidiary of the original H-1B petitioner.

You cannot perform H-1B employment from home.

If the H-1B "transfer" is denied, you can just continue to work for the first H-1B employer (A), as long as the I-129 approval is still valid.

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Answered on 10/14/13, 9:59 am


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