H4 to H1

[srinivas_ms]

I worked on H1B in 2010 and is valid till Sept-2012 with employer A. I went to India in 2010 and stamped my H4 and came back again.

Now I am planning to work on H1again but not with my employer A. Can I transfer my H1B to employer B even though I am on H4 status now.

Summary:

Current Status: H4

H1B is valid until Sept-2012 with Employer A

Transfer to Employer B is possible (provided I have a project in hand with employer B)?

[Attorney_22]

Technically there is no such option to “transfer” H1B status from one employer to another. Each employer that is willing to sponsor an individual in H1B status must file a new H1B petition specific to the sponsoring employer and position offered. Therefore, as long as you are in valid H4 status and have a basis for H1B status your sponsoring employer can file a change of status petition from H4 to H1B. If you have additional questions please contact a qualified U.S. immigration attorney. You may also find the article at the following link useful: http://www.murthy.com/news/n_h1bcan.html.

[srinivas_ms]

Ok thank you