H1B Transfer Options and Scenarious

How to go about H1B transfer ? Various scenarios

In Apply H1B Visa by Saurabh2142 Comments

It is a one of the most common questions for H1-B workers that “Can I transfer my visa to another company?”. This question can arrive after working for a company for several years, or just after landing in US, or even before flying to US. As part of this article, I will try to address this question.

Legally, is there something really called H1B Transfer ? 

First of all, there is nothing called “H1-B transfer” (i.e. legally). It is a term coined for our convenience. H1-B transfer is basically a new H1-B petition which is not counted in the H1B quota because the applicant has already been counted in the quota once in the past 6 years.

What does USCIS Look for when any applicant goes for a H1B Transfer ?

So in order to approve any such petition USCIS considers two things:

  1. Did the applicant maintain the status (US Visa vs Status) before applying for the petition.
  2. Will the applicant be able to maintain the status if the petition is approved

I will now try to tackle different situations by keeping above two conditions in mind. In each of the below scenarios, 2nd consideration can be proved by showing petitioner’s ability to pay the alien once petition has been approved. For consulting companies, this is determined by a client/project letter.

Scenario 1: Applicant has never been to US
In this case, question regarding prior status doesn’t exist because as long as you are outside of US you don’t a legal status.

Scenario 2: Applicant has landed in US and applies for transfer within 15 days of landing
Because the applicant has landed in US, s/he now has a status. However, because it has been less than 15 days, that status is not defined yet (payroll typically starts in 15 days). So one can still dodge the bullet and may not have to prove his/her current legal status.

Scenario 3: Applicant has landed in US and applies for transfer after 15 days of landing
This is the scenario where USCIS definitely wants the alien to prove that s/he maintained his/her status. Some of the documents that can be submitted as valid proof are recent paychecks (3 should be sufficient), bank statements that show salary deposits and W2.

Scenario 4: Applicant worked in US for sometime, then left for India and files the petition while being in India
This is more like scenario 3. The applicant will have to submit most recent US payslips and W2s in order to prove that legal status was maintained while s/he was in US. No proof is required for the period for the time spent in India.

So if a person needs to file a new petition through a new employer (on in raw terms wants to apply for H1 transfer), then s/he needs to think about the above two considerations and see if s/he can satisfy both of them. As long as the person is able to satisfy both requirements, H1 transfer shouldn’t be a problem – it shouldn’t matter whether you are in US or in India.

What has been your experience ?

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Comments ( 2,142 )

  1. Ashok Kurapati

    Hi Surabh,

    I am in different situations recording H1B.

    First, I am working from company A and working for a client B @ NJ while applying for H1B. Now that project was closed and also H1B petition approved.

    Now, I am working for that same client B but different US location project from same company A.

    And also my passport is going to expire on Aug 17.

    1. For stamping for with old passport or apply for new and go for stamping?

    2. In next month my employer applying for H1B transfer. How much time it will take to complete process?

    Please let me know your input to solve my mind blowing confusion.

    Thanks in advance.

  2. Kumar

    Hi,

    Please advise…!
    I came to US on H1B from company-A, I worked here for almost 2 years. Recently I have transferred to Company-B{2 Months}, my H1 transfer with Company-B is still pending{regular processing}. Now I have a better opportunity with Company-C and they will be initiating my H1 transfer via premium processing. I have an emergency plan to visit to India, Can I travel while my H1 transfer with Company-C is being initiated and pending?

    Note: None of the companies A or B have requested to withdraw my application from uscis.

    Also, I will be still working with Company-B for atleast a week after my trip from India{I am planning for 2 weeks vacation}. Company-B have provided me with h1 transfer receipt copy, experience letter, company documents and vacation letter, just in case if needed. I have approved H1 copy from company-A

    Also, my visa stamp in passport and I-94 are still valid until next year.

    Also, while I am in India, If Company-C H1 transfer is approved, then they will provide me the receipt or approval copy as it progresses.

    Please let me know will there be any issues expected while my return in port of entry or any advice would be really appreciated.

    Thanks…!

  3. Kaushik

    hi
    I had H1b from previous employer (A) and i stayed in USA for 9 months. i resigned in USA and travelled back to India. I joined another company (B) after few months and working in india for 3 months. They applied for a new H1B visa under the same petition (Transfer in raw terms). It got RFE and it requires some time to be approved and then i need to go for stamping as well. This entire process will take around 1 month time. But i need to be at USA within 2-3 weeks. Hence , they planned for a Business visa for me . Is there any complication on this as my H1B is under process as we have already applied and then we are also applying for B1. Also is there any complication on the petition of my H1B in future.

  4. Vikas

    Hi Saurabh,
    I came from offshore through employer A. My project is ending and my current employer does not have any more assignments so they are sending me back to offshore. They want me to travel back in 10 days from today.

    I have found a new employer B who is ready to transfer my Visa. As per B once the LCA is approved then they can file my H1B Ext. I hear that LCA Approval takes 7 working days. Filing the H1B transfer and receiving my reciept notice will take another 3 days.

    My situation here is if I resign from Employer a day before I am supposed to travel, i will still be out of status for few days, until LCA approval and H1B transfer. How many days can I be in US without Employer? Your valuable insight and suggestions would be highly appreciated. Thanks a lot.

  5. Shivani

    Hi Saurabh,

    I filed my H1B visa through company A and it’s picked up in lottery.Got the receipt number from them.Now,the status is showing as RFE on USCIS site.

    Please suggest if H1B visa can be transferred to company B if the status is in RFE from company A.

    I am in USA on H4 visa and wants to change my status from H4 to H1.

  6. sri

    Hi Saurabh,
    My H1b was approved thru company X and never went for stamping, later i have transfered H1b to other company Y and went for stamping and got stamped with company Y.
    so i came USA with Y company and working from last 1 year.
    Now i am thinking to work with company X and my H1b with them was still valid for one more year.
    If company X doesnt revoke my petetion yet and still they have my valid H1 can i directly join and start work with company X without transfer the petetion to x again?
    or i need go thru the H1b transfer process again with company X?

    can you please explain the possibilities?

  7. H1 Transfer in RFE

    Hi Saurabh,

    I applied H1 through a consultancy and went into RFE. Currently am in L2 visa and working for company A. Can I do H1 transfer to company A while H1 is in RFE with the consultancy?

    Thanks in advance

  8. Milli

    Hi Saurabh,

    My H1B petition has been filed through a consultancy and it got approved recently and I have been working for client A through the same consultancy . Now client A wants to hire me full time, however I do not have any pay stubs from my employer as he deposits my salary and refused to provide pay stubs. I do not want to lose out the full time opportunity . I can get the client letter indicating that I am working actively indicating the employment dates. Will this & copy of my h1b approval suffice for H1B transfer?

    Thank you,

  9. Manu

    Hi,

    I am on bench from 15th Sep
    My employer is running my salary but he is not depositing the salary in my account.

    He gave me the salary slip(Thru ADP) on 14th Oct (15th Sep to 30 Sep) but the salary slip shows that it is check payment and not direct deposit.

    I got an fulltime offer and filed a h1 transfer (normal ) with latest salary slips on 25th OCT.
    so out of 6 salary slips 5 (old once) show salary deposited and 6th Latest one shows the check payment.

    Would this create a problem/rfe during the approval process? Since latest salary slip shows check and all other show direct depost

    Regards,
    Chetan

  10. Mahesh

    Hi,

    I have valid H-1B visa. I have not traveled to US.
    I want to change my employer but current employer is not giving receipt number.

    How can i transfer my H-1B ?

    Thanks

  11. Prashant

    Hi There,

    I got H1 B approval letter on 01-Oct-2016 from my company which they filed in Mar-16. but I had decided to leave the company . Now Can I use that H1 in future with some other company or in the same company later rejoining. My company person said they will cancel the H1B.
    thanks
    Prashat

  12. Divya

    Saurabh,

    I have got H1B visa from company A in 2015 and this visa was expires on last month. still now I didn’t get opportunities from company A so now i am trying for opportunities from other sources from home country. I have few queries on this.

    1. If suppose get a job from company B and ready for transfer my H1B. will get know any thing on my h1b transfer to company A? if yes what problems will be there?.

    2. In b/w transfer process to B company or transferred to B company, suppose if i got an opportunity from Company A that time possible to travel US with amendment petition with new visa stamp? .

    Thanks

    1. administrator
      Saurabh

      Divya,

      1. A wouldn’t know about the transfer application.

      2. Yes, you can still travel w/ A irrespective of what’s happening with B’s petition.

  13. G

    Hi,

    I have valid H1 from company A, worked in US for 4 months and came back to India as there is no proect, now trying to move out to company B, but company B has no onsite,

    is it good move out of Company A without transfer my H1, what will happen if i leave now? in future can i transfer to any other company i join? my H1 valid till 2018 mid

    1. administrator
      Saurabh

      G,

      Usually cap-exempt petitions can be applied even after you have left the old employer and that may have withdrawn the old petition.

  14. siri

    Hi ,

    I have been working with consulting company at client location from past 18months on OPT and Current employer applied for H1B this year and approved effective 10-01-2016. I have paystubs with my current employer from past 18 months.

    Now I have full-time opportunity who are willing to apply for H1B transfer in Mid of this month in premium processing. But my October pay period pay stub is not generated until November 30.

    Will this transfer works. How can prove USCIS that I have active H1B saying that I am currently working for my current employer on H1B.

  15. PS

    Hi Saurabh,

    I am in a fix. I live in USA. I got H4 to H1 transfer and approval this year active Oct 1 2016, from a consultancy A.
    They want me to find Corp to corp contracts now which I have been trying since few months, but still not able to find one in my location.
    All the job opportunities I get are for Full time.

    1. Can I get my H1B transfer done now to a Full time position with company B, w/o any paystubs from consultancy A as I still haven’t got have any project on their C2C payroll.
    2. Do I legally need to be paid from Oct 1 by company A, even though I dont have any project in hand?

    Eagerly waiting for your reply

    1. administrator
      Saurabh

      PS,

      1. Yes, another employer can file H-1 transfer for you. As it has been just a week since you moved to H-1, payslips may not be mandatory. However, if the transfer is applied towards later half of Oct, then payslips may be asked for.
      2. Yes, legally A is required to pay you from oct 1 irrespective of whether you are on a project or not.

  16. Nikhil

    Hi Saurabh,

    Need you help in an urgent case. Would be great if you can help.

    H1B with employer A came up in 2014 lottery.. Travelled to US in 2015 and returned back to India after 6 months. Visa expires in August 2017. Serving notice period with employer A.. Had a discussion with employer B about this but nothing concrete. What should I do in this case?

    Thanks and Regards

    1. administrator
      Saurabh

      Nikhil,

      B can file a cap-exempt petition for you. You can then use this new petition and old visa stamp (provided it has neither expired nor been marked as canceled) to travel to US and work for B.

  17. Manish

    Hi Saurabh,

    Need your help on this critical situation !!!
    Scene 1 – My H1B is with Company A. But without informing to comp A went to US based on company A papers and landed in US and joined some consultancy to find the job.But my bad luck is that I did not get the job, so I came back to India and started working with comp A. First drawback is I dont have paystubs and W2.
    Now I attended few vendor /client calls from India and got selected to one of the good client of some consultancy/vendor(“abc” consulting).
    So please tell me what should be my next step.

    1. administrator
      Saurabh

      Manish,

      First you should know that you broke H-1 rules by entering US on H-1 w/o A’s consent. You not only put your immigration status in jeopardy (you didn’t get paid etc), you made A a violator. In view of USCIS, A didn’t pay you while you were on H-1. If A is ever scrutinized about this, I don’t think they will hesitate in throwing you under the bus.

      I don’t know who gave you the suggesting to enter US like you did. The correct way (which you should do for next employer) is have them file a cap-exempt petition for you. Once approved, you can enter US on A’s visa stamp (or get stamping through new employer) and new employer’s petition. If USCIS does ask for payslip, then it is up to you to figure out a way out or accept the consequences of breaking the law.

    2. Amit

      Dear Saurabh,
      I have a valid H1B stamp with company A and it’s valid for 2 years. I have not been to US as I am not getting any US opportu
      nities from A. Now if I change my employer to B and in the meantime A revokes my petition, will my new H1B with B be cap exempted and how long it will be valid?

      1. administrator
        Saurabh

        Amit,

        Yes, B can still file a cap-exempt petition for you even after A withdraws their petition. B can file for cap-exempt petition within 6 years of original approval date. In some recent cases, this 6 year limit was not even honored.

  18. SR

    How sourabh,
    How can we go with the following scenario.
    Employee comes to USA on company A and he is been in USA for around 15 days.
    Now he wants to try for H1B transfer with company B, but he has only one payslip. How should he be going with this scenario. Will that be possible ?

    1. administrator
      Saurabh

      SR,

      Yes, the employee can go ahead with the transfer. As the employee cannot have more than 1 payslip due to the limited time he was in US, this should be fine.

  19. Anu

    Hi Saurabh,

    Employer A filed an H1B visa for me and I came to the US in March 2016. I was on bench for two months and didn’t get paid during that time. Post May, I started a client project and have been getting my salary and the paystubs.

    I am planning to get my visa transferred to employer B. But my recent paystubs make it clear that the year to date salary is low and that I wasn’t pad for the first two months.

    1. Am I at risk of being out of status if I submit the last two salary slips ? ( for the month of June and July ), and USCIS determines that I wasn’t paid during the first two months.

    2. Can I submit my bank statements for H1B visa transfer showing the salary deposit for the last two months, without submitting the salary slips ?

    What should my course of action be to get the visa transferred without an RFP.

    Please suggest.

    1. administrator
      Saurabh

      Anu,

      1. Usually USCIS doesn’t look at year to date pay to determine whether you are getting paid as per the LCA or not. They typically look at the last couple of payslips and determine whether you are getting paid or not.

      2. Payslips is preferred to bank statement.

      If you have concerns, talk to the new employer’s immigration lawyer. They should also reply on similar lines.

  20. H1B & L1B

    Hi Saurabh,

    Please assist me,

    I am currently working with Employer A and have applied H1B(2016) through Employer B, the Visa status is “Transferred to other office”. My current employer is willing to apply L1B right now, I have following questions,

    1. Shall I go ahead and apply for L1B with Employer A and will it have any influence on my H1 currently in progress
    2. Once my H1 Visa is approved, before the stamping is it feasible to transfer my H1 to Employer A from B & any chance that Employer B will come to know about it
    3. For Change of status to H1, is it feasible to transfer the H1 Visa to Employer A being in L1

    1. amar0885

      Hi Raghu,
      I have a problem. My current employer “A” has made an amendment on my approved Petition and the Amended petition status shows as “case is received ” with USCIS for last 3 months. Now I have got an offer from Employer B and they will file my petition in Premium .
      Can you please help me to know if there will b any issue with the H1b transfer to employer B . If there is any then how to resolve it.

    2. administrator
      Saurabh

      H1B & L1B,

      1. They can happen together. No impact
      2. Yes
      3. Do you mean that you would enter US on L-1 and then apply for H-1 COS and H-1 transfer to A? This is possible.

  21. Amit

    Hi,

    I got H1-B stamped on Feb 2011. I stayed in US on H1-B for 1 and half year from Employer A.
    Then I returned back to India (In Sep 2012) due to some personal reason.
    Then after sometime switched to Employer B (In May 2013).
    Employer A has revoked H1-B when I switched to Employer B in India.

    Is it possible to file new petition under cap-exempt?
    I do not have I-94 copy with me but I have receipt number. Will it be sufficient for H1B transfer?
    As H1B was stamped on Feb2011, By what time I can apply for H1B transfer?

    1. administrator
      Saurabh

      Amit,

      Yes, cap-exempt petition can be filed. Usually, cap-exempt petition needs to be applied within 6 years but off late USCIS seem to be going easy on this requirement.

      It is ok to have just the receipt number for this. You can get your travel history from CBP site using your passport number.

  22. Varun

    varun

    Hi Saurabh

    I have few questions please can you advice me on it.
    I am presently working under Employer A. But during April 2016 I have applied H1B from two employers Employer A(present) and Employer B.
    My H1B got picked in May 2016 and got an approval for H1B recently from EMPLOYER B as they will be my future employer from OCT 2016 to SEP 2019.
    But I am in a plan for going to India for personal reason this Dec 2016 and I should even be going for H1B stamping.
    Is there any risk If I put a H1B transfer now from my future employer B (where the H1B got the approval) to my present Employer A and then proceed to India after the Transfer gets approved.?
    Or should I wait for few mths and let the payroll run with the employer B and meanwhile go to India for stamping and then come back and file the transfer of H1 B to my present Employer A

    1. administrator
      Saurabh

      Varun,

      What happened to A’s petition? Was it selected? Is it still pending? Are you currently inside US on L-1 through A? Was B’s petition approved w/ COS?

      1. Varun

        Hi saurabh
        Thank you for the reply
        My petition for H1B with employer A was not picked or not selected in the lottery .
        The H1B got picked and got approved with employer B and the start date is from OCTOBER 1st 2016 there was no RFE on it .
        I’m in US from August 2013 finished my masters and during my OPT Extension I applied for H1B so I’m not in L1 with employer A . I’m working at a client location as of now in MI.

        1. administrator
          Saurabh

          Varun,

          Transfer can be applied even before 1st payslip is generated. However, if you leave US while transfer is pending, then you would still have to show an approved petition when returning to US. As your intent is to work for A, make sure you receive their approval notice by then.

  23. Sanjeev

    Dear Saurabh,

    I need your help.
    My case for H1-B is picked in Lottery this Year [2016].
    I have receipt for the same but I have not approval notice.
    Will changing my Employer void my visa?
    Some of my colleagues are saying that I Visa will void if I quit company before stamping.
    Please help !!
    Thanking You in advance !!

    Regards,
    Sanjeev

    1. administrator
      Saurabh

      Sanjeev,

      If you leave the employer while H-1 is still pending, they can withdraw the petition and you will be out of cap. If the petition gets approved and you leave them before stamping, you can still avail cap-exempt (H-1 transfer) in future. You would need to know at least the receipt number or better have the approval notice for this.

      1. Sanjeev

        Thank You Saurabh for your Prompt Revert !!

        Can I know how long it will take to get a petition approved [considering this year ].

        If my current employer withdraw petition , will they get refund of fees ?

        Thank You again for all your help !!

        Regards,
        Sanjeev

        1. administrator
          Saurabh

          Sanjeev,

          There is no SLA and so it could take few more months (or you may be lucky and get the result next week).

          No fees is refunded on withdrawing the petition, but employers may do that out of spite.

          1. Sanjeev

            Thank You So Much Saurabh !!

            “Finger -Crossed”

            I will update you what happened to my case.

            Thanks Again !

            Regards,
            Sanjeev

  24. Raghu

    Hi Saurabh,

    I Applied for H1B in the current year and got picked in the lottery and current status is ” My Case was
    recieived” through Employer A. Now i am presently working with India based MNC. After the petition gets Approved. Can i Transfer my Petition to my current employer and will it comes under Cap exempt petition.
    What is the timeline for Cap Exempt Petition. And Job Description should be same in both the cases?.

    Thanks
    Raghu

    1. administrator
      Saurabh

      Raghu,

      Yes, once current petition is approved, another employer can file a cap-exempt petition for you. Typically this needs to be done within 6 years of original approval date. Job description can be different. However, you need to be qualified for the offered position.

  25. Srinivasa Prabhu M

    Hi Saurabh,

    I have approved petition on December 2012 in company A , Now i moved to company B.

    TO transfer my petition my current employer is asking for soft copy of my petition but company A is not sharing it.

    So my company B is not processing it now .

    How to make use of my old approved H1B petition ?

    1. administrator
      Saurabh

      Srinivasa Prabhu M,

      Do you know at least the receipt number? Cap-exempt petition can be filed even with just the receipt number as USCIS knows all the details about that receipt number from their system. Your new employer can say that receipt copy is not being submitted as old employer didn’t share that, but USCIS can look-up the case using the receipt number.

      If A is not willing to give you that soft copy, file FOIA with USCIS to get copy of your I-129. Someone did that recently and was able to get the receipt number from it. You won’t be getting the receipt copy, but will know the receipt number.

  26. Anirban Sen

    Hi
    Because of a mishap in my family i had to quit my job overnight and travel back to India. i was in USA for continuous 8 months from Dec 2015 to July 2016. After 1 month in india i joined a new company. Is my h1b valid or my previous employer will revoke my petition. If i plan to not to do transfer (file) H1b with my new company and then go back to my previous company after 1 year will the peition be active with my previous company?

    Thanks

    1. administrator
      Saurabh

      Anirban Sen,

      The old employer can withdraw the petition at their will. However, you can still use that petition as reference to file a cap-exempt petition in future either through old employer, or current employer or any other employer. You would need copy of the approval notice and recent payslips for the US employment period.

  27. Divya

    Saurabh,

    I got H1B visa on November 2015, this visa will be expires on 30th September 2016 and still i didn’t get opportunity from my company.

    1. If suppose, if i get an opportunity on this month or next month. in this case, will it possible travel to US?

    2. If not possible, what’s procedure for extend the visa?

    3. If i apply for extend, how long it will take to get the visa?

    Regards,
    Divya

    Regards

    1. administrator
      Saurabh

      Divya,

      1. You can enter US as long as the visa and petition have not expired.
      2. Employer needs to file cap-exempt petition for you. Once approved, go for visa stamping and then travel to US.
      3. Could take few months but PP option is available.

      1. Divya

        Thanks very very much Saurabh.

        Can i know that how many months could take for regular processing and PP.

        Suppose if i go to once again visa stamp, what type of questions will be occur? how to answer to them?

        Thanks,
        Divya

        1. administrator
          Saurabh

          Divya,

          RP would take 2-6 months while PP will be done in 15 calendar days. Typical questions – how did you find the employer, what client, what project etc etc

  28. Bibhu

    Hi Sourabh,
    My Spouse fresh H1B petition picked in Lottery and now got RFE from USCIS to provide the extended client contract. However she has been moved to a project belongs to another USA based client located in different place. Even her Organization doesn’t have any other contract with her earlier client. Please could you suggest can her RFE can be responded to USCIS using the current client contact, she is currently working on, to approver her H1B petition. She is currently working in offshore India location for the USA based client project. And her previous client location was on Los Angeles for which the petition got filed for this fresh H1B. And the new client location is in USA location CA, TX, Atlanta and NJ. Can I request to suggest a feasible option which can help to get this fresh H1B approved from USCIS. Thanks in advance! Regards,Bibhu

    1. administrator
      Saurabh

      Bibhu,

      This is a tricky situation. If the new client location is not the same as old one, then new LCA needs to be applied which doesn’t help this pending petition. See if there is a client in the same location as the old one. If not, ask some executive at the employer to write a letter to USCIS and vouch for your case. What is the attorney suggesting?

        1. administrator
          Saurabh

          Bibhu,

          SMH … Who is Gourav? … You start with Sourabh, end with Gourav … Why do you people expect others to help when they can’t even use their correct name.

  29. Bittu

    Thanks a lot Saurabh for your reply.
    My new employer mailed me yours is private company and petition cannot be transferred.
    Any idea what it means?
    Will I be able to transfer my visa or it wont be possible at all.
    Please help me.

    Regards,
    Bittu

    1. administrator
      Saurabh

      Bittu,

      I don’t know why it would stop them if the employer is a private firm. There is no rule like that. If possible, try to talk to their immigration department.

  30. Suresh

    Hi Saurabh,

    Recently I got a mail from my employer saying that my H1 B petition got approved.

    1) Does that mean, my H1B got picked in the lottery? If Yes, they have not given me any receipt number to verify the status of Visa in USCIS portal, instead I have a Case number with me
    2) Is this VISA be valid if I change the employer in the month of October? If yes, any additional documents need to be requested from employer before leaving.

    Please advise ASAP. Thanks in advance for your response.

    Regards,
    Suresh.D

    Please

  31. Gowttham Khumar

    My company laid me off but they agreed to run payroll until Aug 19th. I have the question here.
    Let’s say I am working in company ‘A’ and I got laid off. Company ‘B’ agreed to transfer my H1b from A to B. So it will take two weeks to get reply from USCIS that they received my application and I can start working. But, it takes 2 to 3 months for the new I-797 and LCA to get approved. During this 2 to 3 months is it possible to transfer my H1b to company C while the amendment of LCA from A to company B is in pending.

    Can somebody reply ASAP. This information is very important for me.

    Thanks,
    Gowttham Khumar

    1. administrator
      Saurabh

      Gowttham Khumar,

      You may be able to do that, as long as you start working for B immediately after B’s petition has been received by USCIS. This makes the assumption that your I-94 hasn’t expired. In that case, you remain in valid status (valid I-94, maintaining H-1 status through B’s payroll and pending transfer petition), and can use that to file cap-exempt petition through C.

  32. Sandeep

    Hi Saurabh,
    My case for H1-B is picked in Lottery this year .
    My Case is in approved status.
    Will Changing my Employer impact my H1-B?
    Thanking you in anticipation !!

    1. administrator
      Saurabh

      Sandeep,

      Another employer can file a cap-exempt petition for you. Once approved, go for stamping and then travel to US to work for the new employer. No issues.

      1. Sandeep

        Thank You Saurabh !!

        Sorry to bother you , If have few more queries.

        1: What documents should I need to provide to my next Employer for cap-exempt petition ?

        2: What are the chances of getting cap-exempt petition approved from my next employer ?

        2: Is there be any role of my previous Employer to restrict me for petition from my previous Employer?

        3: Would any document required from my previous employer as well?

        Thanking you in anticipation !!

        Regards,
        Sandeep

        1. administrator
          Saurabh

          Sandeep,

          1. Documents required are similar to what initial filing required. Additional document required is copy of current approval notice. I assume you have never been to US before, so no question of maintaining status.
          2. No
          3. See (1)

  33. Vinodh

    Hello Saurabh,

    My H1B has been stamped in 2015 and from Sept 2015 I was eligible to travel to USA, I reached USA 2016 June last week and my employer A is running paychecks and which is not shared to me.

    Now I got another vendor who is offering W2 contract position and he asked me to transfer my H1B against him from employer A.

    Can I / vendor(employer) B can transfer with out notifying employer A, menas no payslips etc., ? as the Visa fee & ticket charges are all invested by myself and he(employer A) may demand for percentage again?

    Secondly, what are the general benefits can I get from W2 contract ?

    Thanks in advance !

    1. administrator
      Saurabh

      Vinodh,

      You would need copy of approval notice from A, and most recent payslips to show that you are maintaining legal status. See if you can get the payslips from the employer. Use some pretext like you want to know how much taxes are being withheld etc. If not, maybe submit bank statement to show that salary is being deposited.

  34. Chanti

    Hi,

    I was travelled to US in July with employer A. I have got job with employer B now with some client. I dont have any pay stub for July month. Since its been already 1 month 1 week, if employer B applies for new petition in regular/premium mode, what are the chances of approval and risks for me?

    This is bit urgent. please reply me ASAP.

    Thanks,
    Chanti

    1. administrator
      Saurabh

      Chanti,

      When do you expect the payslip to be generated? Will it even be generated, especially in the scenario if you are on bench and not on a project?

      1. Chanti

        Hi Saurabh, Thanks for your reply…
        Lets assume pay stub is not available/generated..what would be the possibility ..

        Thanks& regards,
        Chanti

        1. administrator
          Saurabh

          Chanti,

          USCIS may approve new employer’s petition w/ consular processing as you will be considered out-of-status (you are not getting paid). So you will have to leave US, and re-enter US on new employer’s petition and get their I-94 and then work for them.

  35. Amol

    Hi

    My H1B petition is approved. I had Visa Interview with VO and application is now in “Administrative Processing” i.e. 221g.

    Is it possible to transfer H1B with new petitioner without lottery?
    If yes, how much time it will take?

    Thanks,
    Amol

    1. administrator
      Saurabh

      Amol,

      Yes, another employer can file cap-exempt petition for you even when the current visa stamp is stuck in Admin Processing.

    2. RR

      Hello,
      I got two lotteries 2014 and 2015, and 2015 petition is approved and stamped visa. Now I have 2015 visa, however this employer doing lot of problem and I am still in India. I have 2014 petition so can I go for stamping one more time.
      Doubts:
      1. I have stamped visa for A employer and I am still in india, can I go for second time stamping for B employer.

      Thanks.

  36. AB

    Hi
    My petition is approved in Jan 2016. I had visa Interview with VO in APRIL 2016 and my application is under Administrative Processing i.e. 221g.

    Is it possible to transfer H1B in this scenario?

    Thanks

    1. administrator
      Saurabh

      AB,

      Yes, another employer can file cap-exempt petition for you even when the current visa stamp is stuck in Admin Processing.

  37. Gaurav

    Hi Saurabh,

    I have a valid H1B visa till 2018 and I am currently in US from last 3 months with employer A. Now I am planing to go back to india due to personal reasons and quit employer and join employer B for some time and come back to US after may be 8 months so in this case I have below doubts:

    1) Can I transfer my visa to employer B and what are the road blocks in this case?
    2) And how long I can stay in india holding H1B and come to US again..is there any time frame in which I need to come here and I can’t stay in india for long time if I want to come to US again?

    Thanks in Advance 🙂

    1. administrator
      Saurabh

      Gaurav,

      1. Should be ok as long as you have copy of A’s approval notice and proof of getting paid during these 3 months (pay slips)
      2. B can file a cap-exempt petition within next 6 years. Off late, USCIS has been going easy on this 6 year requirement as well.

  38. Rahul

    Hi Sourabh,

    I am working in company A India, who has sponsored my h1b petition. It got picked in lottery 2016.

    1) May change company after 1st October (once visa will approve) with out going to US?
    2) If yes, Do i need to be in company A for few months to get salary slips of Oct?
    3) Do i need to take any document from my current company(A)?
    4) Is it right thing to do or its very common.
    5) How much will be transfer cost for new company.

    Thanks
    Rahul

  39. Daphne

    Hi Saurabh,

    I’m currently in US under F-1 visa. I got my H1-B visa approved for FY 2017 to start working this October 1st. However, things with my sponsor employer is not working out. I was wondering if I can file for H1-B transfer under cap exempt or do I have to start working in October 1st and then file for H1-B transfer?
    Thank you for your help!
    Regards,
    Daphne

    1. administrator
      Saurabh

      Daphene,

      I have read mixed experience about this. Some say it is possible to apply for H-1 transfer now w/ a start date of Oct 1. Others say you have to wait until Oct 1. I suggest finding an employer and discussing the case w/ their attorney to see if they will be willing to apply now.

  40. H1 transfer

    Hi Saurabh,

    Am in L2 EAD and working for company A. My H1B got picked in the lottery from a consultancy B this year.

    1)Can I transfer my H1B once it gets approved and after Oct 1 to another company C without working for B(without payslips from B)?
    2)If so, do I need approval notice in my hand or just receipt number is enough to transfer to company C?

    Thanks in advance

    1. administrator
      Saurabh

      H1 transfer,

      1. If you are on H-1 for at least 1 pay period after Oct 1 then you may be asked to submit payslips as proof of maintaining legal H-1 status. However, if H-1 is applied within 1st week of Oct 1 or so, then you may get away w/o submitting payslips from B.
      2. Transfer can happen only after the original petition has been approved. You cannot transfer while it is still pending.

  41. Ramesh

    Hi Saurabh,

    I’m currently in US on H1-B visa and I came on Nov 2015. My previous project ended in April end and I have pay stubs till then.

    As I could not get any projects, my employer asked me to submit a letter for Leave of Absence without pay for May and June months and he’ll be starting paying for the month of July which I’ll be getting it on August 1st (June 1st – 15th) and 2nd paystub on August 15th( July 16th – 30th). After August 15th, if I still don’t have a project offer letter, he’ll send me back to India. He said he’ll not cancel my visa and the visa is valid till Dec 31st 2016.

    Now my situation is, I have to go to India for a week in July end and I’m back on 28th July.

    In this situation,

    1. Will there be any issues at the port of entry regarding pay stubs

    2. After I come back to India with the last 2 pay stubs, can I get another employer to transfer my H1-b visa from India and come back again through the new employer.

    Please clarify these 2 questions.

    Thanks

    1. administrator
      Saurabh

      Ramesh,

      1. Usually they don’t ask for payslips but they may ask for it.
      2. You can try to do that. If you have 2 most recent payslips, then it may still work out in your case.

  42. Iten Singh

    Hi Saurabh ,
    I am currently in H1B Visa with Employer A , i have an approved H1B Transfer from Employer B filed through ‘Consular Processing’ and to be able to work for Employer B i need to undergo Stamping from India.

    My concern and query being if i go to India and get Stamped from Employer B’s approved petition, can i still work for Employer A from US before joining Employer B ,Employer A’s petition being still valid but Stamped Visa is from Employer B , this is because my Joining Date in Employer B is 3 months after my stamping date and i want to continue working with Employer A until then …

    Please advice …

    Regards,
    Iten

    1. administrator
      Saurabh

      Iten Singh,

      When you return to US, you will have to show A or B’s petition at PoE. The petition that you use will determine who you can work for. Just b/c you get stamping through B, doesn’t mean you can work for them even if you enter and show A’s petition at PoE. Your I-94 issued at PoE would be for a specific employer and you can work for them only until another employer gets I-94 endorsed in their name.

      1. Iten Singh

        Thanks Saurabh for the prompt and precise response. So, if i show Employer B’s petition as the same has been stamped on my Passport, my I94 will be issued for Employer B and i won’t be able to work for Employer A with the old Petition even id it;s valid unless they transfer my I94, correct ?

        Regards,
        Iten Singh

        1. administrator
          Saurabh

          Iten Singh,

          That is correct. A will have to apply for transfer/amendment, or you will have to enter US on A’s petition.

  43. H1B TRANSFER Worried

    Hi Sourabh,

    I have a urgent scenario and need your suggestions. Please advice.

    I am with employer A, an MNC and my H1B got picked in the lottery this year in April 2016. Now I got offer through other employer B and I want to accept that offer and file for transfer later as employee A don’t have any onshore position currently.

    I have the following questions.

    1) Can I get it transferred to B while I am in India(Note: My H1B is only picked in lottery with my current employer A and I have the receipt notice ).
    2) Should I wait for my petition to be approved since I need to serve notice period of 90 day and need to resign(Because if I wait I may lose offer from employer B) but if I resign now Employer A may withdraw my petition.
    3) What are the percentage changes of Transfer petition to get approved in this scenario.
    4)Till how long(years) my new employer B can file cap exempt petition from now

    1. administrator
      Saurabh

      H1B TRANSFER Worried,

      1. For transfer, the petition needs to be approved first. If yours is pending and you leave A, then A can withdraw the petition and you will be out of lottery.
      2. Yes, wait for approval to come through and get hold of the approval notice or at least the receipt number. Then resign from them and join B or C
      3. No stats available
      4. Usually it is 6 years from original approval date but USCIS seem to be going easy on this rule off late.

  44. Sri

    Hi Sourabh,
    Can you please update on the above doubts of mine when you are free. This is kinda urgent as I am looking out for alternate options.

  45. AK

    Hi Sri,
    I am also in a similar scenario. The only challenge that i have observed is that the employers in US are willing to interview the candidate ONLY if the person is present physically in US.
    Some people have given suggestions which I am NOT willing to follow as they are generated out of points that are NOT true (like telling the employer – I am in US etc.)

    Also haven’t been able to find an employer in India who is willing to do the transfer !!!!

    Thanks
    AK

    1. Sri

      AK,
      Do you have any confirmation on this.
      Can we travel to USA with the stamped VISA(in my case valid till Sep 2018) and approval from new employer or do we need to go for stamping again ?

  46. Sri

    Hi Sourabh,
    I have a similar scenario and need your suggestions. Please advice.
    I am with employer A, an MNC and my H1B got picked in the lottery last year(2015). I got it stamped through my employer A in Dec 2015.
    Now I see that there are no US projects in near future in my company. I don’t want to waste time continuing in this company until I get a US project.

    I would like to travel to USA and am looking for employers who are ready to transfer my H1B.
    I have the following questions.

    1) Can i get it transfered while I am in India(Note: My H1B is already stamped with my current employer A).
    2) If some company B initiates the transfer process, should I go for stamping again ? Or can I travel with the existing stamping for the new employer B ?
    3) If I have to go for stamping again, will there be any risks involved in this ? Will they cross question on why I have shifted and why is this transfer ?
    4) If I have to go for stamping again, what happens if my H1 is rejected at VISA interview for company B ? Will my previous H1 stamped by current employer be valid ?

    Can you please let me know and suggest me on how I should be going with it. I am in a pathetic position at the moment and have no other option apart from going for a VISA transfer. I would want to make sure that it will not create any problems for me.

    Regards,
    Sri

    1. administrator
      Saurabh

      Sri,
      1. Yes
      2. No new stamping required as long as A’s visa stamp is valid and has not been marked as canceled in the passport
      3. No issues. They would evaluate the case using B’s documents and not worry why you left A
      4. It would remain unimpacted

        1. Neer

          Thanks for your perfect and quick reply, like always Saurabh. I am also on the same boat brother. My transfer case has initiated on 24th November in regular processing only but still till today, status of my case is “Case was Received on 24th of November”

          1. What you think, how much time it take more for H1b transfer? Because it’s already 7 months passed almost.
          2. If it is taking time, is there any chances, coming in RFE?
          3. My employer is also not getting an update on case. Should I expedite my case to Premium or I should wait couple of months more.

          As it’s already getting seven months, now I am loosing my patience.

          Please advice brother.

          Thanks,
          Neer

          1. administrator
            Saurabh

            Neer,

            1. Check for processing time on USCIS site for your center.
            2. Delay doesn’t mean RFE. They are just pretty heavily backlogged.
            3. If you want to get faster result then upgrading to PP is the best option.

      1. srikanth ramineni

        Hi Saurabh,
        One last question with the above H1B transfer proocess.
        As mentioned earlier, my H1B through my current employer is processed and stamped already and I am still in India.
        Now, even if I quit my current company, transfer should not be a problem right ?

        Regards,
        Sri

        1. administrator
          Saurabh

          srikanth ramineni,

          Yes, another employer can file cap-exempt petition for you even if you have not traveled to US or old petition has expired, or you leave them.

          1. Bittu

            Hi Saurabh,
            I am with employer A, an MNC and my H1B got picked in the lottery last year(2015). I got it stamped through my employer A in Jan 2016.
            Now I see that there are no US projects in near future in my company. And I got offer from employer B, an MNC and they say they are ready for H1B transfer.

            I have the following questions.

            1) If some company B initiates the transfer process, should I go for stamping again ? Or can I travel with the existing stamping for the new employer B ?

            2) I hear from some of my collegues, my current employer will request for withdrawal of sponsership (not cancellation of visa). Does it means my visa is still valid if i found another sponsership? or should i have to find another sponser before my current employer request for withdrawal of sponsership?

            Can you please let me know and suggest me on how I should be going with it. I am really very much worried.

            Regards,
            Bittu

          2. administrator
            Saurabh

            Bittu,

            1. You can use A’s stamping until it has expired or has been marked as canceled in the passport.
            2. It would better to get H-1 transferred before current employer withdraws the petition, but you may still be able to get it transferred after the petition has been withdrawn.

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