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H1 Transfer - Query

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ambegowri

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Multistate situation.

Thanks Lana,

1) With respect to previous query (please see below), can I legally transfer my H1 to another company ? Or there is nothing I can do except leaving the country ?

2). Somebody also told me as I never worked using H1 so H1 was not active and even if it was active then since I never worked so automatically it got cancelled and I am automatically back to L2 as it is not exipred yet.

Please help !!

Thanks
Ambe

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If the H-1B has been approved with a new I-94 card, then you are in H-1B status and also in violation of that status if you are not working for that employer. Therefore, you are out of status and are not going to be eligible for a change of status to another nonimmigrant status from within the US. If you are continuing to work for the employer pursuant to your L-2 EAD, you are also doing so without authorization since you are no longer in L-2 status and your EAD is no longer a valid employment authorization document.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
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Thanks,
Lana
Immigration Attorney
Admitted to practice in CA, AZ, IN and OH

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What is the name of your state?What is the name of your state? Multistate situation.

I came to USA using my L2 Visa (dependent on L1). After sometime I applied for H1 and got it approved sometime last November (2004) but I never worked for that employer.I am not sure about my Legal Status right now whether I am on L2 or H1 as the I-94 expiry date on L2 is Oct 2005 and H1 has Dec 2007. Could you please help me with this.

Thanks
Ambe
 


ImmigAttyLana

Senior Member
Your number 2 scenario is completely incorrect. Once your change of status is approved, your previous status is nullified. So you were in H-1B status as soon as that petition was approved but since you did not start working for that employer, you are in violation of your status.

Since you are not in valid H-1B status by not working for the petitioning employer, you are not eligible for a transfer to another employer since in order to transfer, you must be maintaining valid status. You can have another employer file a H-1B petition on your behalf, but even if it is approved, it is likely to only be approved as consular processing and not as a transfer, which will mean that you have to depart the US, obtain a H-1B visa at a US Consulate in your home country, enter the US on that H-1B visa and only then commence work for that employer.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

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