QUESTION

Can I transfer get and Transfer my H1?

Asked on Jan 14th, 2015 on Immigration - Ohio
More details to this question:
I have a question about my H1 which was applied in 2014 cap. My employer applied for my H1 in 2014 and it got denied at first. After that my employer appealed against the denial and it got approved in November. By that time my status got changed from L2 to H4 so i had to stopped working from Oct 1. Now my employer is not getting any project so that he can recruit me so they are telling that they will revoke my H1. I have a following questions: 1. Can i get the original copy of my 797 from USCIS as my employer is not sharing with me.(Although i have a soft copy) 2. Can i transfer that newly approved H1 to other employer who can give me the projects? (As its not initiated).
Report Abuse

1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The employer is obligated to give you the bottom half of the I-797 notice of approval which notes information concerning the employer, case number, and validity dates of the H-1B. On the other hand, having a soft copy of the entire H-1B approval notice is good enough to present to U.S.C.I.S. for purposes of an H-1B transfer application. As it appears that you are in legal H-4 status at this time, you would be eligible to have another employer sponsor you for another H-1B visa status. The organization would have to go through the H-1B petition process, but would not have to wait until April to apply inasmuch as you presumably already have an H-1B cap number from your first application (as long as your first employer was not cap-exempt). Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Feb 11th, 2015 at 2:43 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters