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Transfer of H1 B work permit i.e. I 797

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  • Transfer of H1 B work permit i.e. I 797

    Hi There,

    I have only H1 B work permit i.e. I 797 from company A and do not have H1 B VISA. (I have worked for 4 yrs in company A)

    Can i transfer my H1 B work permit i.e. I 797 from company A to company B.

    If yes, Please suggest what is the process to be followed.

    Thank you.

  • #2
    I understand that you have not worked in the US or you changed status while in the US.
    In any case, another employer can petition for you requesting immediate start date by filing as cap-exempt showing a copy of your previous petition approval notice. If approved you can get the Visa, travel to US and start working for this new employer.
    This is my opinion and not legal advice.

    Comment


    • #3
      Transfer of H1 B work permit only from company A to B

      Hi Kabkaba,

      I have not travelled to US from company A as i had only H1 B work permit and not VISA.

      I have an approved petition of H1 B work permit which is valid until 2011.

      Can you please let me know what would be the process to follow.
      I wanted to know can company B transfer only H1 B work permit without visa stamp. Would it be like applying a new petition by company B.

      Thank you.

      Comment


      • #4
        You don't need visa for H1 transfer. It's like new H1, but cap-exempt.

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        • #5
          Every petition is a new petition, the only difference in your case is that your new employer can show the copy of previous approval and request immediate start date rather than waiting for Oct 1. Whether you do or do not have the Visa does not matter.
          And don't keep calling it work permit, it is not a work permit. Approved H1 petition allows you to work for the petitioner only.
          Last edited by kabkaba; 08-11-2010, 02:42 PM.
          This is my opinion and not legal advice.

          Comment


          • #6
            Thank you

            Thank you for ur help.

            The information was helpful.

            Comment

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