Legal Question in Immigration Law in Pennsylvania
H1b Transfer Help
Hello,
My Name is Rahul Patel. I am on H1B visa. I got my visa in last Aug'08 and I came here in 13th Dec'08. Today I have finished 3 months and 1 Day still i don't have any job. My Employer who has my H1B they are not doing anything means they are not finding any job or not providing any job to me. I came with my family. Now the problem is How can i get my status valid?
I found one guy who has a small company's and he is ready to hire me but I have no idea about immigration laws. My employer who has my H1b they not usefull to me now if i want to move to this other employee how can i go ahed? Is there any way that i can work for this other employee? If yes then how ? Please give me some advice. Or provide me any alternatives ways.
If you can help me then i have no problem to pay your fees.
Waiting for your kind reply.
2 Answers from Attorneys
Re: H1b Transfer Help
We have substantial experience and success in represenging both large and small companies in H-1B petitions. If a non-frivolous H-1B petition is filed by your new H-1B employer, under certain circumstances you would be portable and able to work for the new employer upon filing of the petition. You may still be required to depart the U.S. and return if an extension of stay is not ultimately approved.
The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.
Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.
Anthony F. Siliato, Esq.
MEYNER AND LANDIS LLP
One Gateway Center
Newark, New Jersey 07102
www.meyner.com
Re: H1b Transfer Help
You need to speak with an attorney. H-1B visas are employer-specific, so your new employer will have to file a new application for you. However, since you haven't worked in the US for the H-1B employer who initially sponsored you, there are certain considerations with regards to your being immediately eligible to work for your new employer. Again, you should speak with an attorney to discuss the specifics of your case.
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