Jemmi82 Posted November 8, 2018 Report Share Posted November 8, 2018 Hello, I am currently working on H4-EAD; my H1B is also approved this year with my current employer, however since I chose the consular processing for H1B, my status did not change automatically to H1B. And my understanding is that, I need to stamp H1-B visa from US consulate outside the US, then only my status changes to H1B.Question is, Is it possible to transfer my H1B to a new employer in the current state? Let’s say if I get a new job now, and start the employment on H4-EAD, then what happens to my H1B? Can that be transferred to my new employer? Thanks in advance for your help and guidance!! Link to comment
JoeF Posted November 9, 2018 Report Share Posted November 9, 2018 No. You need to have started working for the original employer on the H1. Link to comment
vine Posted November 9, 2018 Report Share Posted November 9, 2018 I spoke with a lawyer recently. He said if your H1 is approved very recently and you have not yet started employment, you can transfer to a new employer but it has to be very soon probably within 1-2 weeks from day of your approval. Link to comment
JoeF Posted November 9, 2018 Report Share Posted November 9, 2018 2 hours ago, vine said: I spoke with a lawyer recently. He said if your H1 is approved very recently and you have not yet started employment, you can transfer to a new employer but it has to be very soon probably within 1-2 weeks from day of your approval. USCIS has a memo from 2015 that contradicts that. Find a better lawyer. If you have not started employment or gotten an H1 visa you are not considered counted for the quota, which means the H1 can't be transferred. Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.