Legal Question in Immigration Law in Texas

Noa - h1b visa

My brother's H1B expired but his employer applied for another H1B. He received a I129 Notice of action good for another 3 yrs but never had the chance to have the visa stamped on his passport. He was then laid off. He left the US and went back to home country. There is still remaining 1 year on the validity of his I129 NOA. He is now applying for a new job in the US. Is the NOA transferable to the new company?


Asked on 9/28/07, 12:17 pm

2 Answers from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: Noa - h1b visa

Your brother would have to be in valid H-1b status to be able to transfer or port to another employer. As he is no longer employed by his last H-1b employer he would have to have the new employer file for him on April 1, 2008 and, assuming he is lucky to have received one of 65,000 H-1b visas available next year, would be able to start work on October 1, 2008.

The above reply 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 9/28/07, 2:43 pm
Neena Bohra Law Offices of Neena Bohra

Re: Noa - h1b visa

No

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Answered on 9/28/07, 1:03 pm


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