Legal Question in Immigration Law in California

Transfer H1 (I have the approval , not Stamped)

I have graduated from my master's degree, in may 2005, ...

I was on my OPT (training period)on F1, .. i have recieved the H1 B approval, .. and the H1 start date was 1st October 2005, .. hence, in my pay stub the taxes have been adjusted accordingly.

BUT I havent got the H1 B visa stamped yet, as I havent made a trip abroad from the US as yet.

I have been working from June, but, i wish to change my job, ...

does that mean, i have to go back on my OPT, or can i transfer the H1B. ....

which i have the approval of (not stamped), and the start was 1st oct 2005, so to date i would have been on the H1 B status for 2.5 months.


Asked on 12/06/05, 5:24 pm

3 Answers from Attorneys
Baoqin Wang Law Office of Baoqin Wang

Re: Transfer H1 (I have the approval , not Stamped)

You are in H1B status now so you can have the new employer sponsor a H1B for you. The visa stamp has nothing to do with it.

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Answered on 12/06/05, 5:35 pm
Gabriel Jack Muston & Jack P.C.

Re: Transfer H1 (I have the approval , not Stamped)

You will not be forced to go outside of the country if you want to transfer your H-1B to another employer. What you have is H-1B "Status" which allows you to work and live in the U.S. The "Visa" which you received at the foreign consulate, allows you to travel in and out of the country. The status does not. Therefore, you only need to go to consulate to get the stamping in your passport if you leave the country and need to return to your job.

Feel free to call my office if you need assistance in filing your H-1B transfer.

Best,

Gabriel D. Jack

Muston & Jack, PC

1671 The Alameda, Suite 210

San Jose, CA 95126

408.293.2026

650.745.0663-fax

650.743.6296-cell

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Answered on 12/06/05, 6:14 pm
Linda Allen Law Offices of LInda M Allen

Re: Transfer H1 (I have the approval , not Stamped)

Thank you for your inquiry. You currently hold valid H-1B status (even though you have not had your visa issued into your passport). As such, you are eligible to be the beneficiary of an H-1B transfer application. Please feel free to contact me directly if I may be of further assistance at 619.781.8207.

Sincerely,

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Answered on 12/06/05, 6:15 pm


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