Legal Question in Immigration Law in Virginia

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.

Asked on 9/16/04, 12:14 am

1 Answer from Attorneys

Jonathon Moseley Office of Jonathon Moseley
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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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Answered on 9/17/04, 8:35 pm


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