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QuestionCountry: United States of America
Hi, I was working on H1B visa in the US. My company let me go unexpectedly, so I filed for change of status to B1/B2. I am still waiting for response back, but in the meantime there is a company that wants to sponsor me. Should I apply as a new H1B petition, to transfer? I don't seem to be getting an answer for this question, and I am a little confused.
AnswerWhen an H1B employee wants to change employers in the United States, the prospective new employer must first file a new H1B petition.Although many people refer to this as an H1B "transfer," there is no separate transfer procedure under law. Each H1B is employer-specific and requires the filing of a new H1B petition and an approval from the USCIS to work for the new H1B employer. While a person may begin working for the employer upon filing under H1B portability, in order to maintain / extend an employee's H1B status the employee will need a new H1B petition approved and a new I-94 issued with the H1B approval notice to continue to work for the new employer. If this is accomplished within the United States, there is no need for travel abroad, nor is there a need to apply for a new visa stamp at the U.S. consulate abroad for the issuance of a new visa stamp in the passport.