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  • H-1B Visa Transfer

    Could anyone answers the following question?

    I have been working for my current employer for about 10 months after graducation under OPT. My employer has applied an H-1B visa for me and it has been approved by USCIS. The H-1B visa will be effective on Oct.1st this year.

    Now my current employer decides that it will terminate my employment upon the expiration of my OPT, which is at the end of this month. Could I have the new H-1B visa transfered to the new employer I found? Thank you very much for your help.

  • #2
    Could anyone answers the following question?

    I have been working for my current employer for about 10 months after graducation under OPT. My employer has applied an H-1B visa for me and it has been approved by USCIS. The H-1B visa will be effective on Oct.1st this year.

    Now my current employer decides that it will terminate my employment upon the expiration of my OPT, which is at the end of this month. Could I have the new H-1B visa transfered to the new employer I found? Thank you very much for your help.

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    • #3
      Yes, you can transfer the H-1B but you have to submit a new set of application to USCIS. You cannot work with the new company until you get the approval notice from USCIS on the transfer.

      Please consult with a lawyer on this case as soon as possible (before your OPT expires and the company withdraws the H-1B petition). If I remember correctly, you cannot transfer the H-1B application to a new company without having worked with the first company for at least 3 months. And you also have to include pay stubs with your transfer application.

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      • #4
        Dear Eilick,

        Thank you very much for the response. That's very kind of you.

        Judy

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