Immigration Issues/H1 Transfer Issue



Thanks for the quick response.

1. What can I best do at this point, if I want to continue with the new company or Is there any way I can make this happen?

2. Can I initiate a H1 transfer and still choose to work for company X irrespective of the outcome?

Balaji Hari

Followup To

Question -

I am working with a company X which has my H1B. I have been working with them for about an year.
On August I went to India on vacation and came back by end of September, but, I didn't want to continue with my current employer. I applied for full time position and I got few offers. Will there be any problem in H1 transfer as I have got latest pay stub dated August?

Answer -
Yes and you become deportable the moment you violate your status.  You do NOT have the right or permission to switch jobs as though you were a permanent resident or US Citizen.  You are here specifically for the sponsoring employer.

The new company can petition for you, however, you CANNOT work for a new employer until that change is approved.  If you are caught at anytime working or have worked for a new employer, even after you have an approved petition, you violated your status and will be deported and the new visa H1 cancelled.  You will then be barred from future visas to the US.  You must ask it really worth the risk?

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Immigration Law enforcement Border Patrol


30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

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