Mcfloo

Hi everyone,

I am a UK citizen with an H1B visa valid until Dec 2003.

I was hired by a US company in March 2001 with an H1B. The company went under in March 2003 and I was laid off. I have now left the US and returned to Europe.

My passport still has my H1B visa valid until Dec 2003, specifying that I am sponsored by my former (no longer exisiting) employer.

So, what I'd like to know is the following:

- how easily transferable is my H1B to another employer before Dec 2003?
- if so, how much will it cost, what kind of paperwork will it involve?
- do companies know how easy it is to transfer the visa? in other words, when I see that I am "the holder of a renewable h1B visa", do employers generally know what this means? and is that a good way to describe it?
- and what about after Dec 2003? will my old application from 2000-2001 still be valid?

I would be grateful if anyone could answer any or all of the above questions, or point me to somewhere or someone that can.

Cheers!

Patrick

Ingo Pakleppa - See Web Site For Email

On Mon, 22 Sep 2003 15:42:49 +0000, Mcfloo wrote:


    > Hi everyone,
    >
    >
    >
    > I am a UK citizen with an H1B visa valid until Dec 2003.
    >
    >
    >
    > I was hired by a US company in March 2001 with an H1B. The company went
    > under in March 2003 and I was laid off. I have now left the US and
    > returned to Europe.
    >
    >
    >
    > My passport still has my H1B visa valid until Dec 2003, specifying that
    > I am sponsored by my former (no longer exisiting) employer.
    >
    >
    >
    > So, what I'd like to know is the following:
    >
    >
    >
    > - how easily transferable is my H1B to another employer before Dec 2003?

It would be a new H-1B application. Quite simple to do, just not
technically a transfer. Hint: it may be advantageous if you wait until
March 2004, one year after you left the USA. In that case, your six yeas
would be reset. If you returned to the USA in December, the two years you
already spent in the USA would count. More details and examples about the
clock are in my FAQ page.

    > - if so, how much will it cost, what kind of paperwork will it involve?

Exactly the same as any other new H-1B. For that matter, even a true
transfer (meaning, directly from one employer to the other without a gap
in time or without leaving the USA) requires the same paperwork and the
same fees (except that it usually isn't necessary to pay the premium
processing fee).

    > - do companies know how easy it is to transfer the visa? in other words,
    > when I see that I am "the holder of a renewable h1B visa", do
    > employers generally know what this means? and is that a good way to
    > describe it?

Companies know about transfers. Unfortunately, the only advantage a
transfer offers for them is one you can't claim: if the transfer takes
place within 60 days of the old job, and without you leaving the USA, then
you can start working immediately.

    > - and what about after Dec 2003? will my old application from 2000-2001
    > still be valid?

It would if your employer was still in business. Since they aren't, your
old application is already meaningless.


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