Legal Question in Immigration Law in Virginia

time within whcih H1B visa should be transferred after leaving a job

I have left company i am working for today. Within how many days should i get my H1B visa transferred to the new company?


Asked on 5/31/06, 5:15 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: time within whcih H1B visa should be transferred after leaving a job

There does not appear to be any particular set time limit although you cannot begin working for the new company until they've filed the required paperwork for the transfer. Under a recently enacted law by Congress, the H1B visa holder may begin working immediately for his or her new company, once that company has filed the required paperwork, the LCA(Labor Condition Application)with the Department of Labor(DOL)and the other paperwork with USCIS required for the transfer.

What's new here, apparently, is that the applicant for the visa transfer need no longer wait for formal approval but may begin working immediately for the new company once they have filed the required paperwork in behalf of the visa transfer applicant.

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Answered on 6/02/06, 6:59 am


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