H1 transfer to another company - is it a new employment or change in previously
I am currently an H1-B holder and going to transfer to another company. In form I-129, Part 2, ''Basis for Classification'', I should choose ''New Employment'' or ''Change in Previously Approved Employment''?
Thank you very much.
1 Answer from Attorneys
Re: H1 transfer to another company - is it a new employment or change in previou
You are calling this a "transfer" which begs the question. Is there any relationship between the first company and the second company? If these are two different companies, then you need a whole new H-1 visa with the new company. I have seen sometimes the new company will contract with the old company for your services, paying the old company until you get your new H-1 visa. That is, the new company pays the old company and the old company pays you under the old H-1 visa. And you do work for the new company. However, any way you look at it, you need to file for a new H-1 visa as soon as possible with the new company.
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