INS Letter on H-1B Visa Petition

January 5, 1998

Carolyn J. Fuchs, Esq.
One Gateway Center
Newton, Massachusetts 02158-2802

This refers to your letter of December 5, in which you pose a question concerning the H-1B nonimmigrant classification

In the scenario described in your letter, a parent company filed H-1B petitions in behalf of a number of its employees. After the aliens arrived in the United States, they were transferred to a subsidiary company. The subsidiary filed new H-1B petitions on behalf of the aliens. The parent company now wished to transfer the aliens back to the parent company. You question whether new H-1B petitions must be filed by the parent company.

An H-1B petitions remains valid until its validity period expires or until it is revoked by the Service. Since the petitions filed by the parent company are still considered valid by the Service, the aliens may be transferred to the parent company without the filing of a new or amended petition.

I trust this response satisfactorily addresses you concerns.

Sincerely,

John W. Brown
Acting Branch Chief
Business & Trade Services Branch
Benefits Division