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H1B transfer 8 months after resignation

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  • H1B transfer 8 months after resignation

    I have been working in the US with an H1B for 3 years until August 2007, when I resigned from my old job (company A) and moved out of the US.
    I recently got a new job offer by a company (B) in New York. My visa stamp expired but approval notice for company A is still valid until November 2009. Can I still transfer my H1B visa to company B, knowing that I have resigned 8 months ago, that I have been living in France since?

  • #2
    The new H1 with company B will be a new petition NOT subject to cap and company B can apply for your H1 ANY TIME. You will need to provide them with company A I-797 receipt,Visa copy, AND/OR I-94 copy.

    Check out the H1b FAQs on immihelp H1 section.

    Once you get the new approval notice from B, you can apply for a visa and enter using this visa/approval notice/offer letter. Join B.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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