How do I have an H1b visa transferred to a new company? 8 Answers as of May 19, 2011

I would like to transfer my H1b visa to a startup IT consulting company and process my Green Card. Will it be possible without any problem transferring my visa to a new start-up company (I am the first employee) and process my GC immediately? I need your help on process. Could you please let me know your convenient time for a discussion on process, fees, etc? Thanks.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
You are able to transfer your H-1B. You are legally permitted to file a labor certification but the company will have to prove that it requires you full time and can pay your salary. I have been practicing for over 15 years. Our immigration law firm has been in the immigration field for more than 45 years. We have handled cases with experience, integrity, and good effect. Please call me. We offer payment plans with no interest.
Answer Applies to: New York
Replied: 5/19/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Because you asked specifically for my help, I will advise you to call my office and tell them that I asked you to call me re: your H-1B transfer. I have no information about your identity, who you are or your phone number. You are anonymous to me, that is why it up to you to call. Good luck!
Answer Applies to: California
Replied: 5/16/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Applying for a H1B visa and/or change of employer for a new start up company, especially one with only 1 employee can be a problem. Applying for a Green Card for such a company will definitely have problems. Among the problems is justifying the need for a full-time employee, justifying the need for a professional employee, and the company's ability to pay. You can contact my office at the below contact information Monday to Friday from 9 am to 5 pm to schedule a consultation.
Answer Applies to: California
Replied: 5/16/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You can't transfer a h1b visa.the new company has to Sponsor a new one for you. If you still need help, you are welcome to contact us. Our fee is 125 for initial consultation.
Answer Applies to: Florida
Replied: 5/13/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You will need to have it clarified that you do not transfer your H-1B visa, but you may go to the new firm and begin working there once the application for the second H-1B is done. While the second H-1B is being reviewed by Citizenship & Immigration Services (USCIS), you can begin working based upon the former H-1B, until the second one is granted. Once you have done that, you can also begin petition-application process for legal permanent residency/green card. I will be happy to consult with you by phone in the afternoon, or by phone or in person beginning on Monday (or even as early as Saturday). Give me a call, and I will set up an appointment with you.
Answer Applies to: California
Replied: 5/13/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Your new company needs to complete the standard paperwork involved in sponsoring you for the H1B visa and you cannot begin working for them until it's been approved.
    Answer Applies to: Virginia
    Replied: 5/13/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    It is possible to apply for a change of employer H-1B. If this is a start up and you are the first employee, it will be very difficult to obtain under current DHS policy. Are you by any chance also the owner of this company? DHS has set up a very strict definition of employer/employee relationship which makes it very difficult for people to qualify in that instance. I am happy to do a full consultation with you, to assess the facts of your case, to provide strategic suggestions and to answer any questions that you may have. To do this, please email me or call. A consult normally takes about one hour and my fee is $150.
    Answer Applies to: California
    Replied: 5/13/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    Yes contact my office for a free consultation and I will advise you; but it is possible to do with a start up company with the right documents.
    Answer Applies to: Florida
    Replied: 5/13/2011
Click to View More Answers: