Immigration Issues/H1B1


QUESTION: I have H1B1 & I want to transfer to another employer. Do i have to wait for the approval before i can transfer or is it the same as H1B which you don't have to wait for the approval from the immigration but just the acknowledgment? thank you for your time.

ANSWER: Prasad,

If you are currently in H-1B status and you wish to change employers you can do so after the new H-1B is properly filed.

I am not sure what you mean by "is it the same as H1B which you don't have to wait for the approval from the immigration but just the acknowledgment".

Ramasamy Krishnan

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QUESTION: I'm on H1B1 which is different from H1B. I'm from singapore and so I got the H1B1 when the H1B is no more. For the H1B when a new employer apply for the transfer to their company, they just have to wait for the recieved acknowledgment from the immigration and you can start to work for them. is it the same for H1B1?

Sorry I did not notice the H1B1 part of your question. The statute states that since you are counted against the cap then you are cap exempt and can change from H1B1 to H-1B. But the USCIS is not following the law and state that the H1B1 to change to regular H-1B is subject to the cap. There is quite a confusion in this area and one way to find out is by filing an application claiming the exemption and wait for the results.

Ramasamy Krishnan

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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