QUESTION

Is it possible to transfer an expired H1B from company A to company B while I am outside the U.S.

Asked on May 14th, 2015 on Immigration - New Jersey
More details to this question:
I was on H1b(Software engineer) which is valid til Oct 2015.Last month, I switched to F1 status to start my MBA program.After graduation,My H1b would have been expired.my doubt is whether a new employer will be able to file a cap-exempt h1b visa,althouhg the work is totally different.(from software engineer to Business management)
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Provided that you will not have exhausted the six-year limit on the H-1B visa, you would be able to have a new employer sponsor you for H-1B status even if the H-1B work will be totally different. That is assuming that U.S.C.I.S. believes your new position qualifies as one of specialized knowledge. Your being outside the U. S. instead of inside makes no difference.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 Jun 13th, 2015 at 7:27 AM

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