According to the American Competitiveness for the 21st Century Act (AC21), a foreign national who is previously granted with H-1B employment visa status may transfer to a new H-1B job provided that the new employer has filed a non-frivolous petition on behalf of the foreign national. Also, it requires that the alien has not accrued unlawful presence in the United States.
H-1B visa transfer is not the issuance of a new visa but merely a transfer of the existing H-1B visa. In other words, a H-1B visa holder may change his/her job through H-1B visa transfer. In order to transfer the H-1B visa status, the new employer would have to file a petition with the USCIS regarding the employment of the H1B visa holder.
It is impossible the new Inc. won't know your status if you want
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• to transfer your H1 -allforGC- ♀ (0 bytes) () 02/19/2009 postreply 12:31:09
• H-1B visa transfer is not the issuance of a new visa but merely -abbyxd- ♀ (297 bytes) () 02/19/2009 postreply 12:38:41