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Fredrick W. Voigtmann, Immigration Lawyer
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Fredrick W. Voigtmann
Immigration Lawyer
(310) 274-7111
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Law Firm: Inman and Associates, P.C.
Location: Beverly Hills, CA 91367
Practice Areas: U.S. Immigration Law (100%)
Specialization: all aspects of immigration law
Website: www.igvlaw.com
Posted by shantanu on 12 Nov 2008
Q.

H1 Transfer

One year back I had got my H1B transferred to company B and it was having validity till Oct 2010 but because of some circumstance I could'nt able to join the company B and I stayed back with company A till now i.e two and half years. Is it possible to join company B if they have not revoked/canceled my transferred petition now i.e after one year of my petition transfer. My current VISA/Petition has expired on 1st Oct 2008 and its under process of extension with company A. In this transition period. Can I join company B? Is there any risk joining it. What will happen if my current Petition denied as its now frequent now a days. Would it effect my earlier transferred H1 Petition with company B.

User's Location: Bloomington, Illinois, United States of America
Category: Temporary Work Visa (H,L)
Posted by Fredrick W. Voigtmann on 13 Nov 2008
A. I think company B will need to file either a new I-129 petition or an amended petition (and LCA) to reflect the later start date. I would not recommend going to work for company B on the 2007 petition approval. I would upgrade the current I-129 to premium processing, get the approval and then have company B file a new petition for you. You can start working for company upon filing of the new petition (change of employer).
 

Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111

www.igvlaw.com

Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.

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