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Immigration Issues/H1B Transfer when entry on B1

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Question
Ajay,
Firstly let me apprise you of my current H1-b situation.

My H1-b petition was approved as of Sept 14th 2009. I was meant to join this employer in the US around January 2010 but this has not happened until now.

I have however arrived in the US on a legal B1 visa for a business visit for my current employer. My stay would range between 30-45 days.

Based on my homework and a few discussions, I have been apprised of the fact that my H1-b can be transferred to a willing potential employer without having to acquire paystubs from the employer who filed for my H1-b.

I would like you to first clarify whether the aforementioned is true. Secondly I would also like to know the transfer procedure based on current laws. Please let me know if I would need any documentation from the employer who currently holds my H1-b.

Greatly appreciate your free service in helping out. Sincerely looking forward to your response.

Thanks and Best Regards,
Anup Hegde

Answer
Hi Anup,

You are currently in B1 status, since your entry to the U.S. in B1 visa status is the "latest action" by the USCIS.

Another company can file an H1B petition for you requesting change of status from B1 to H1B. You will not be required to submit pay stubs from the original H1B employer since you are not actually in H1B status at the moment. In addition, you are not subject to the visa cap; the new H1B employer can request an immediate start date for employment. You do not require any documentation from your current H1B employer for the new employer to file an H1B petition.

You can contact our law firm at 212-268-3580 during business hours, or email info@h1b1.com if there is any possibility of the new H1B employer retaining an outside law firm to prepare the H1B petition.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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