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L1B to H1B and job change

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  • L1B to H1B and job change

    I am currently on a L1B visa 5th year in progress. Current company applied for my H1B in April 2012 and it is approved but it will not take effect untill the 1st of October. Current company is also working on my green card currently in I140 stage (applied in FEB 2012) waiting for approval.
    I have an job offer from another company and would like to know if I can join the new company with the existing approved H1B which will be in effect from the 1st of October 2012. The new company is ready to file for a new H1B if required but cannot wait until October 2012 to hire me.
    #1: Can I join new company with existing H1B which takes effect from 1st October?
    #2: Can I join new company immediately if it applies for new H1B?

  • #2
    Re: L1B to H1B and job change

    I wish to inform you that under the provisions of bill S.2045 valid H1B visa holders are enabled to change jobs upon the filing of a new petition by the new employer. However, the individual has to be in lawful status at the time of filing. Further, the individual should not have engaged in any unauthorized employment since his or her last lawful admission. Under the provisions of AC21, an H1B visa holder may transfer to start work (a new H1B job) with a new employer, provided that the new US employer follows the procedures to file an H1B transfer visa application on behalf of the worker.

    AFF

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    • #3
      Transfer valid H1B visa that was extended beyond 6 years

      Can I transfer a valid H1B visa that was extended beyond 6 years because of Green Card processing? Can I start working after filing the new H1B, like in the under 6 years H1B visa transfers I am in the 7th year. I know that I will need to apply again for the Green Card and the new employer agreed to sponsor it.

      Thank you!

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