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Immigration Issues/Visa for H1B approval


QUESTION: I had my H1B approved last June and applied for my entry visa into the US from the United Kingdom in July. Due to what the embassy call "Administrative Processing", I have not yet received my entry visa into the US. In the meantime I would like to apply for other jobs under the H1 provision. If I do get a new job, can I apply for my H1 to be transferred to a new employer, even though I have not yet used it or do I have to wait until next April when the USCIS are accepting H1 application again and apply for a new H1B.
ANSWER: Ronke,
Since you have already been counted against the cap, you may transfer to another employer without having to wait until next April.  While the USCIS has not spoken directly to this point, I believe it should be no problem and have helped others similarly situated.
Mark Ashley

---------- FOLLOW-UP ----------

QUESTION: Thanks so much for your response. The only thing I am not too clear about is what you mean when you say " While the USCIS has not spoken directly to this point..."

What I mean is that there is no official decision regarding your particular question decided by the USCIS.  Thus, this matter has not been officially ruled upom by them.  I have had cases like yours approved so it should not be a problem.  
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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