Legal Question in Immigration Law in Washington

I came to US on L1. got my H1 approved without COS. So came to Canada on visitor visa after resigning L1 job. I-94 returned at border. Got new h1 visa stamp in Canada. Now my new H1 employer want me to wait before I can join due to recession. I am still in Canada from past 3 weeks. Can I transfer my H1 visa to another company if I get an option to? If yes, what proofs I have to give for USCIS like paystubs. I have never worked on H1 before.

Can I enter US first and then file H1 transfer? or should I file while I am here


Asked on 8/03/09, 10:19 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

No, you cannot. To transfer H1B to another employer, you have to be in USA, in H1B status and actually work for your employer.

You have H1B visa only, but not in status yet.

Any new employer will have to file a new H1B visa petition. You by yourself cannot file anything as far as filing of a new H1B petition or transfer of H1B.

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Answered on 8/08/09, 10:43 pm


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