H1B Visa Transfer Process - Requirements - Documents Checklist - Cost

H1B Transfer Process – Requirements, Documents, Timelines, Cost, FAQs

In H1B Visa by SaurabhUpdated : 2343 Comments

It is a one of the most common questions for H1B workers that “Can I transfer my H1B 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, we will look at various scenarios, look at overall process, documents required, understand the cost, timelines, and common FAQs.

What is H1B Visa Transfer ?

First of all, there is no official term that is called as “H1B transfer”. It is a term coined for our convenience. The official option that corresponds to the H1B transfer is is called “Change of Employer”. It is selected on I-129 Form, which is filed with USCIS when you file a H1B transfer petition. See below Screenshot.

H1B Visa Transfer - Option to Select in I-129 Form

H1B transfer process is nothing but filing a new H1B visa petition with USCIS that is done using the above “Change Employer” option, but that does not have through go through the H1B Registration process or H1B Visa lottery, because the applicant has already been counted in the H1B visa quota cap. There is nothing really transferred from your old employer to new employer or even your visa related stuff. You are only using the previous employer’s approval notice to file it as cap exempt petition.

H1B Visa Transfer Eligibility Scenarios

Depending on where the H1B applicant is during the time of H1B transfer process, USCIS would look at various requirements related to the applicant, including the visa status of the individual. Below are the various common scenarios :

  • H1B Transfer Applicant Outside of US, never visited US.
  • H1B Transfer after entering US in short time
  • H1B Transfer after working in US, applicant in US
  • H1B Transfer after working in US, applicant outside of US
  • H1B Transfer with I-140 Approved

USCIS looks at the H1B transfer applicant’s status and verifies, if the applicant has maintained proper status in US, in order to approve the petition. Now, let us look at the above listed four scenarios in context of applicant’s ‘status’ in US.  It is important to understand this because, applicants have to provide relevant documents like Pay Stubs, Tax Documents, etc for H1B transfer to prove that they were in status at the time of filing. You may read article US Visa vs Status to understand the difference.

H1B Transfer Applicant Outside of US, never visited US

Usually, this situation arrives, when you are living outside of US and a Company applies for your H1B Petition and gets it approved. For some reason your old employer is not able to get you to US, you want to transfer to other company. In some situations, you may even have H1B visa stamped in passport using old employer.

USCIS usually looks at two aspects, one is applicant’s current status and second is cap exempt situation.

  • Applicant Status : The concept of status is not relevant as the applicant is outside of US and will not have status, so you as applicant do not have to prove status. So, there is no need to submit I-94 Arrival Departure Card or any relevant documentation to say that you were in status.
  • Cap Exempt Qualification : The second part is cap exempt situation….This is the tricky part, in the past USCIS used to consider a petition as cap exempt, if you had H1B approved from employer. But, in the recent years, it has become more grey area. USCIS at times questions, if the applicant had H1B status at any point of time. Usually, you would get H1B status, if you work on H1B Visa or you got H1B stamped. So, if you had H1B stamped, you technically had H1B status and you maybe eligible for cap exempt transfer…but, if you did not get stamping, then you never had status, so you do not qualify for cap exempt. This is slightly grey area and some users also shared that they were able to get H1B transfer done, without having stamping…So, you may try, if you have an employer willing to take chance…But, usually, if you have H1B stamping done, then you have better approval chances.

H1B Transfer after entering US in short time

Usually, this situation arises when the H1B holder after arriving in US, realizes that the employer is not the right fit or they have a better offer from another employer and they want to transfer immediately. Usually, if someone want to transfer within 15 days or less. Similar to above, USCIS would look at applicant’s current status and cap exempt situation.

  • Applicant Status : As the H1B transfer applicant has arrived in US, they have a status, which is H1B given to them at port of entry in a Stamp and I-94 reflects the status as well. The applicant has to prove status, but there is no additional information, except I-94 and copy of Stamp on passport that they need to submit to prove status. They do not have to submit pay stubs or other tax documents to prove that they maintained status. This is because the duration is less than 15 days and most employers do not run payroll before 15 days.
  • Cap Exempt Qualification : The applicant is cap exempt as they have both H1B stamping and entered inside US on H1B visa status.

In the above situation, as the applicant meets both of these, they can do H1B transfer to a new employer, if someone is willing to file a new H1B petition on their behalf. They do not have to exit the country, they can do H1B transfer within US.

H1B Transfer after working in US, applicant in US

This is the most common scenarios of the three as many are in US on H1B Visa working for a company and they get a better offer outside and they plan to move. Similar to above situation, USCIS looks at Status and Cap exempt situation for transfer.

  • Applicant Status : As the H1B transfer applicant is working in US for sometime, they need to submit additional documents like pay stubs, Tax returns from previous employers, including approval notice to prove that they maintained proper status all along. If an applicant does not submit most recent pay stubs or tax documents, ( if over year), USCIS may question the transfer and they may not approve the H1B Transfer with I-94. In such cases, employee has to leave US and get stamping done at consulate, re-enter US to work for the new employer.
  • Cap Exempt Qualification : The applicant is cap exempt as they worked on H1B before. So, this is implicit and applicant need to put in approval notice of previous employer.

H1B Transfer after working in US, applicant outside of US

This situation arises, when someone left US after few years of working on H1B, for whatever reason, and plan to come back to US as they haven not used all 6 years. In general, you can Recapture un-used H1B Time. Now, even in this situation, USCIS typically looks at Status and Cap exempt situation for transfer.

  • Applicant Status : As the H1B transfer applicant is not in US, the concept of status is not relevant, so applicant does not have to prove status.
  • Cap Exempt Qualification : The applicant is considered cap exempt as they worked in US on H1B before and had H1B status at least once. Usually, applicant need to put in copy of approval notice of previous employer. Optionally, applicant may even submit payslips from his previous H1B employer, Bank statements, W2 tax forms,  in order to prove that legal status was maintained while the applicant was in US. No proof is required for the period for the time spent in India. You can even submit your I-94 Travel History

So, applicant can transfer as long as they worked in the past and not used up all 6 years.

H1B Transfer with I-140 Approved

One more common situation is when someone has I-140 Approved. Usually I-140 is applied as part of Green Card process steps, where you wait for the priority date to become current. In context of H1B transfers, you can continue to work in US after 6 years on H1B, if you have I-140 approved and it also applies for H1B Transfers too. If you have I-140 approved for over 180 days and not withdrawn, you can use it to apply for H1B transfer as long as you want without any time limit of 6 years. To avail this option, USCIS looks at the below

  • Applicant Status : If the applicant is isn US, they need to submit the status related documents like I-94, Current Pay stubs, tax documents, etc.. If the applicant is not in US, then it is not relevant.
  • Cap Exempt Qualification: As the applicant of H1B transfer has used all 6 years, they need to prove that they have green card process going on and I-140 is approved. So, you need to submit a copy of the I-140 along with the H1B transfer. If your employer has not shared, you can get it using FOIA request with USCIS.

Now that we know the eligibility for H1B transfer, let’s look at the process involved.

What is H1B Visa Transfer Process ?

H1B Visa Transfer process is exactly same as filing a fresh H1B petition with a new employer. The fundamental difference is that with H1B transfer, the applicant does not have to go through H1B Registration Lottery to be counted for cap. The reason is that H1B applicant was already counted towards cap and has not used up all 6 years or either cap exempt using I-140 approval. Also, with H1B transfer, you do not have to wait until march or April of next year, when H1B season starts, to file H1B petition.  Below are the typical process steps on a high level for H1B transfer. We will look at additional details for each of these after these steps.

  • Step 1 : Find Job at H1B Sponsoring Employer : You need to get a job at a H1B sponsoring employer. Once you have the job offer, you need to work with their attorney and indicate that you already went through the H1B cap process and eligible for cap exempt petition filing as H1B transfer.
  • Step 2 : Submit all H1B transfer Documents :  You need to provide all the required H1B transfer documents to your new employer to start the H1B transfer process. The complete list of documents is listed below in separate section.
  • Step 3 :  H1B Sponsoring Employer / Attorney Files LCA with DOL : Once you send all documents, your new employer or their designated attorney will file Labor Condition Application(LCA) with US Department of Labor (DOL).  LCA has the job offered, salary offered, prevailing wage and other info. For more info, read What is H1B LCA, why file it, info in it. 
  • Step 4 : File H1B Transfer Petition with USCIS : After the LCA is approved by US DOL, your new employer will file H1B transfer petition with USCIS. Basically, they will file form I-129 with USCIS with all the relevant fee, supporting documents regarding the offered job, etc.
  • Step 5 : USCIS gives Receipt Notice and Adjudicates : Once the H1B transfer Petition is received by USCIS, they will issue receipt notice to employer/ attorney indicating that they have received the H1B petition and for tracking purposes. Depending on the load of the Service Center and filing type either regular or premium processing, the H1B transfer petition is adjudicated by USCIS in few days to few months.
  • Step 6 : USCIS Approval, RFE   : USCIS either gives approval decision or requests for additional information as RFE, depending on the case and makes a decision of either approval or denial based on the overall petition. 
  • Step 7 : Employee or Applicant Decision : Once the H1B transfer approval is through, now it is up to the employee or applicant to make the decision to join the company. Unless, it is a Change of Status petition, the applicant has choice to either join or continue with previous employer…

Let’s look at the documents check list now.

H1B Transfer Documents, Checklist

The H1B transfer documents are pretty much same as regular H1B petition, but additional details like current status in US and previous H1B details has to be submitted. Below is the complete list. Some of these are optional or may not be relevant for the applicant, if they are in their home country and have never traveled to US.

  • Copy of Job offer letter from New employer, with details of the Job title, Salary offered and signed by both applicant and employer.
  • Resume of applicant.
  • Copy of Passport
  • Copy of I-94 ( if already in US)
  • Copy of H1B Stamp on passport ( if already in US or have done stamping)
  • Copy of Previous approved H1B petition ( I-797 approval notice)
  • Copy of SSN ( if already in US and worked before)
  • Copy of 3 or more most recent Pay stubs/ pay slips ( if already in US )
  • Copy of W2 Tax forms from employer ( if already in US and filed taxes)
  • Copy of Bachelors/ Masters Degrees or any higher education.
  • Education related University Transcripts in sealed cover.
  • I-140 Approval copy ( if applicable)
  • Academic Evaluation (depending on country, degree and university awarded it, there may be need for education evaluation and submit that as well, check with your attorney )
  • Copies of experience letters, if any from your previous employers
  • Any other letters of recommendation ( if any – optional)

H1B Visa Transfer Fees, Cost

The H1B transfer cost for employer includes application fees that are paid to USCIS and other fee such as attorney fee. Depending on the size of the company, the H1B filing fee can vary anywhere from $1,700 USD to $7,900 USD + the attorney fee( if any).

H1B Transfer Fee ComponentFee in USDAdditional Details
 Base filing fee for I-129$460 Standard fee for every H1B petition
AICWA Fee
(American Competitiveness and Workforce Improvement Act of 1998)
$750

 

or
$1,500

 $750 – for employers with 1 to 25 full time employees )

 

$1500 – for employers with 26 or    more full time equivalent employee )

Fraud prevent & detection fee$500Needed as there is change of employers
Fee based on Public Law 114-113$4000Applicable, if 50 or more employees and more than 50% of employees are on H1B or L1 Visa status, required for new H1B filing and change of employers.
Read H1B fee increase $4000 rule to check if it applies to your case
Premium processing fee (Optional)$1,440 Applicable only if H1B Transfer petition is filed under premium processing.
Immigration Attorney FeeVaries from $500 to $3000 Varies by attorney and can be anywhere from $500 to $3000. If the employer has in-house immigration team, this may not be an expense

H1B Visa Transfer Process Time

H1B transfer includes many steps from filing LCA, to working with attorney and processing by USCIS. Each of these have their own processing time, so you need to factor in time for all of these below.

  • LCA Processing time : As part of the H1B transfer, employer has to get a New Labor Condition Application (LCA) for the job role at the location of employment. Getting LCA with US Dept of Labor can take anywhere from few days to 7 business days, it is online and is quite fast.
  • Attorney or Employe Processing time to Submit Petition :Depending on the complexity of the petition, both employer and applicant require time to gather documents needed for H1B transfer petition. It can vary from few days to couple of weeks or more depending on speed to get documents like transcripts, education evaluation, etc. You need to factor in at least couple of weeks or more for this step.
  • USCIS Processing time for H1B petition : After the petition is ready and submitted to USCIS, the processing time with USCIS for H1B transfer petition can range from few weeks to few months or sometimes many months. There is no required SLA for H1B transfer petitions filed under regular processing and USCIS can take their own time based on load. It is recommended to file it under Premium processing, if you plan to work soon for new employer after H1B transfer. If you file in premium processing, you will get response in 15 calendar days. Check USCIS Premium Processing

Overall, you can expect anywhere from few weeks to few months, depending on if you choose premium or regular processing.

H1B Transfer FAQs

When can you start working for New Employer with H1B Transfer ?

You can work for New H1B Employer after USCIS receives the H1B transfer petition and issues Receipt Notice ( I797C Notice of Receipt). This working provision with USCIS receipt notice is as per AC21 regulation.  Unless really needed, it is recommended that you get H1B approval notice, before you start working to avoid any issues with transfer.

Do you need permission from current Employer for H1B Transfer ?

No, you do not need permission of your current employer to file H1B transfer by a new employer.  Any H1B Sponsor can file H1B transfer petition, which is basically a new H1B petition based on your current approval notice, on your behalf without any permission from your current employer.

Do I need to inform my current employer on my H1B transfer process ?

No, you do not have to inform your current employer that you have applied for H1B transfer. Having said that you are still governed by your employer contracts for the notice period and other obligations that you need to fulfil, when you leave the employer. So, plan the start date at new employer and other things factoring in these things.

Can I do H1B Transfer from Cap Exempt Employer to Cap Subject Employer ?

No, you cannot do H1B transfer from Cap exempt employer like University or non-profit research institution to a cap subject employer like general MNC companies. You will need go through standard H1B registration and lottery process, if you wish to do so.

Any limits on number of H1B Transfer Petitions that can be applied ?

No, there are no limits. You can have multiple employers apply for H1B transfer on behalf of you at the same time. In general, many work full time for one H1B employer. But, you may work for multiple employers simultaneously, if working part time. This is called concurrent H1B and you need to apply for the same to work for more than on employer.

Any limit on number of times to apply for H1B transfer in a Year or Month ?

No, there are no such limits, you can apply for H1B transfer as many times as you want in a month or year.

H1B Visa stamp on passport is expiring, can I do H1B Transfer ?

Your H1B visa stamp dates are not fully relevant for H1B transfer. You are eligible for H1B transfer, if you were counted in cap once and have not used up all 6 years of time. Also, you are eligible for transfer, if you have an approved I-140 petition.

What has been your experience with H1B Transfer ? Share your thoughts in comments.

   

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Comments ( 2,343 )

  1. Bass

    Hi
    Currently I am in India working for employer A (in India payroll). I was in US in H1B (sponsored by employer A ) and completed 6 years (including the time recaptured that I spent outside USA) working for employer A , returned to India on Nov 2018 (bcoz my PERM was just filed at that time)and have been in India payroll of employer A till now. PERM was filed by employer A when I was in US (in Oct 2018). So I could not extend my H1B visa at that time. Being in India, with employer A (India payroll) my PERM got approved in Feb 2019 and I-140 was filed with Premium processing by employer A. I-140 got approved in April 2019. After that employer A is not showing me interest to extend my H1B visa based on the approved I-140. I waited for 6 months and then COVID pandemic started. So its been 1 year and 5 months since my I-140 got approved. what are my options? Being in India, without status (used all 6 years with H1B), Can I change the employer now with approved I-140 with employer A or I need to first get my H1B extn filed by employer A, get it approved and then change the employer? If its possible for the new employer to file H1B transfer, will it be CAP exempt?

  2. SS

    Hi Kumar,

    My current scenario is I have a H1B extension done recently by my previous employer and received approval notice (September 2020 to Sept 2023). This extension is after 6 year maxout under AC21 with additional 3 years. I have approved I140 but I485 process was not filed by my previous company. I got laid off on September 15 2020. I was able to get a job and new company decided to file H1B transfer for me.
    1. Can I start working in the new company as soon as H1B transfer is filed? or should I have to wait until I receive the receipt or notice? I believe I have 60 days from Sep 15, 2020.
    2. How long does it take for H1B transfer to be approved? should I mention to my new company to do premium processing?
    3. What are my alternatives if I have issues with transfer to remain in US and not be under violation?
    4. What will happen to my GC processing, will the new company have to file all over again? since the company policy is they can initiate GC processing only after one year of completion. Will I be having any issues with H1B extensions later on, with approved I140 as the wait time for India is longer? and gc processing is it an ideal situation doing it after one year of working with the company?

    1. SS

      One additional question as well

      My I94 expired on September 6, 2020. once I get the H1B transfer approval. Can I visit India and get a visa stamping done without issues. Or travel to India is not advised?

      Please guide me with my queries.

      Thanks in advance!

  3. Krishna

    Hi,

    I have moved to India on Aug2017 from USA and My visa and I797 expired Sep2017, I have approved I140 with same employer, Now I am with another employer ,Now Can I transfer my H1B Visa from previous employer to my current employer.
    Is it Valid to transfer?
    I Was in USA 2.6 years only.
    I have moved to India 3 years completed .

    Could you please advise.

    Thank You,
    KKR

    1. administrator
      Kumar

      Krishna,
      If you had your I-140 approved and it was not withdrawn before 180 days, then you can use that to apply for cap exempt H1B.

  4. Darshan

    Hi ,
    I got laid off by A company on April 2020 first week, and have applied for H1-B transfer through a staffing company on June 2020. I am working through the staffing company on a project but it isn’t going to last for a while. My H1-B transfer is still pending, can I start interviewing for full time employment or wait for the transfer to come through?
    It’s been 3 months since the receipt notice. Also, can I apply for new transfer just based on this receipt notice?

    1. administrator
      Kumar

      Darshan,
      You should apply for premium processing and get the decision soon. Yes, you would need the approval to move, especially, if your I-94 has expired.
      Yes, you can, but it all depends on I-94 validity and your status. Best thing is to upgrade to premium and get approval, then file for transfer.. Talk to your attorney.

  5. puneet

    My Employer filed H1 B petition this year and my Form I-129 has been approved. I am serving notice period, so how I can get it transferred to new employer.

  6. Rohit

    I am in the US. My H1B visa stamp has expired. My i94 and i797 are valid till Dec-2021. Can a new employer file an H1B COE for me without me? Can I change status without having to leave country/get a new visa stamp.

    1. Rohit

      Typo in my comment above: Can a new employer file an H1B COE for me? Can I change employers without having to leave country/get a new visa stamp.

  7. Mani

    Hi Kumar,

    I currently work at company A and company B filed H1b transfer and it got approved. I decided not to join company B, do I still need that paper I-797 approval notice (they don’t want to send it to me)? Or are there any scenarios that I might use it in the future?

    Thanks!

      1. Mani

        Thanks Kumar!

        Does that mean I don’t need to mention this one in any furture H1B transfer/extension? Just provide my current I797?

  8. Kris

    I have H1b approval until 2023. Already approved for i-140. I got a job from a new company and they are going to apply for transfer(premium) in few days. Here are my questions

    1. My wife’s H4/H4 EAD is in progress. Due to lockdown biometrics not taken and waiting for an update. Now if I apply for H1 transfer, What will happen to the H4/H4 EAD processing? Will I get RFE and ask for a new i797?

    2. My company has 2 weeks’ notice. Can I inform my current employer and server 2 weeks notice period after I got i797 approval from a new company? Does that mean I will have to work for my current company for 2 weeks and then move to a new company? is that okay? or we need to join a new company immediately after approval? Any specific time period restrictions here?

    3. Do I need to also transfer H4? What will happen to existing pending process? Will that get canceled once the new transfer applied

    4. Do i need to inform my current employer to not withdraw my current h1b? What is the advantage here?

    Thanks in Advance…

    1. administrator
      Kumar

      Kris,
      1. it should be processed without any issues. They may issue an RFE at the worst case and you can submit h1b approval.
      2. Yes, that is fine. No need to join immediately, unless it is a COS
      3. You can do it again, if you want to keep the dates in sync for yours and your spouse documents. But, not need, if they are valid.
      4. If you have approval from the company you are planning to transfer, there is no need to ask them to wait. No advantage as such.

  9. Joseph Kuruvilla

    Hi Kumar,

    I hope you are doing well and safe.

    I got my first time H1B stamped on Feb 2020 and it is valid till Sept 2022. Because of this pandemic situation, my client stopped the project. And I know my company doesn’t have any potential project to put me in the USA.

    What are the options I have here?

    1. Can I look for another employee who have job opening in the USA?
    2. I already have my H1B stamped in my passport, is there any chance that my current employer can do anything against my stamped H1B if they smell that I am looking for other opportunities?
    3. What if USCIS rejected my transfer request? In that case, my current H1B status that I have with my current employer will get void or it will be still active till Sept 2022?

    Thanks in advance,
    J

    1. administrator
      Kumar

      Joseph,
      1. Yes, you can do. Look for options when you are in job.
      2. No, they cannot revoke anything.
      3. If they do not withdraw, it may be in dormant state and you maybe able to activate it. But, very tricky though….Talk to attorney on this.

  10. Mohan

    Hi Kumar,
    My situation is… I am on h1 and have approved i140 and stamping valid till 2022.
    I came to India in Feb 2020 for some family emergency and stayed here for 2/3 month and in the meantime, my projected ended and my employer moved me to Indian payroll and they told they will get back to the USA once have project say (6 months to one year).
    Can I find an employer in India/From USA, who can apply for transfer of my visa, and in case they agree, will I get i797A with valid i94 or do I need to go again stamping with a new employer? and if am outside USA, then visa transfer is always consular processing?
    is it legal to enter with my old visa stamped and with new employer i797 and show new i797 in Port of entry to get into USA, please suggest?

  11. Alice

    Hi Kumar,

    I currently work on H1B with Company A (profit).
    Company B, which is a non-profit, filed for my transfer which was received on 06/11 but I terminate my offer on 06/26 after they require me to go to work with only receipt (consider current situation, I want to wait to approval). So I’m still in Company A til now with Paycheck to today, and reject the offer from Company B already, more than one week ago.

    Then I received an offer from Company C (profit) . Now I’m preparing documents for Company C . I have A’s approved I-797A. My case with Company B is still “received” status and I have request Company B’s lawyer to withdraw my H1B transfer with them, I think they should have done it after I terminate my offer. However, for Company C, what kinda of documents should I prepare to them? Do I need give them my receipt (I-797C) from Company B, do I need to tell them I have a pending H1B transfer, which should be invalid if Company B lawyer has withdrawn it? Will my Company C’s h1b transfer case’s decision be influenced by Company B’s h1b transfer case? Thanks a lot for your help!

    Best,
    Alice

    1. administrator
      Kumar

      Alice,
      As long as you are still working with A and in status with proper I-94, other things you do with B does not matter.
      For C, you just need to give current A company documents and your proofs of status. You do not have to tell about B. It will not have any influence.

  12. V

    Hi Kumar,
    I currently work on H1B with Company A. Company B filed for my transfer which was approved on 05/27 and in that my I-94 got extended to 2023(previously it was valid till 2022). But I decided to not join Company B since I received better offer from Company C .Now Company C filed for H1B transfer today 07/02 and I didn’t inform them about my approved H1B transfer from company B so the I-94 expiry date was filed as 2022 since that is what will come up when I get my I-94 record online. Should I have informed them about the I-94 extension I received due to transfer petition from Company B or does that not matter?

    1. administrator
      Kumar

      V,
      You should inform the current I-94 validity as per Company A documents and approval tied to that. As you have not joined B, it should not be shared as that is not relevant.

  13. Arjun

    Hi Kumar,

    I am working on H-1B. Due to covid-19, I was laid off from company A on 3/20 and due to 60 day limit, I started with a staffing company B on 5/15 just to save myself from getting kicked out of US. It’s H-1B visa transfer is still in process (not approved yet).

    Today, I got a full-time offer from Company C. For H-1B visa transfer, should I give them the receipt number of company B’s case or do I need to provide them with receipt number of my last approved case with company A or do I need to provide both the receipts? Anything else other than the regular documents I should provide to company C?

    1. administrator
      Kumar

      Arjun,
      You should give both B’s receipt and A’s previous approval as well. You should provide your offer letter, pay slips, etc to make sure you are maintaining status. You need to indicate your layoff as well so that attorney plans for the same with C. Be clear in the beginning than hiding and getting into issues later.

    2. Elena

      Hi Kumar,

      I was working with company A in OPT for. an F-1 visa. In October I got my H1B approved and I then travel in February to get my stamp. This all got delay for the coronavirus and couple of months later my visa got approved but I have not been able to return to the USA because of the travel bans due to coronavirus. During all this time I am still employed by company A but I am not receiving income, since I am not allow to work remotely. Now I have a job offer from a company B that is willing to sponsor me and allow remote working. My question is, can I still do a H1B transfer if:
      1) I am currently abroad
      2) I got my h1b stamp but I haven’t reenter the usa after that
      3) I am employee but don’t have paystubs

      1. administrator
        Kumar

        Elena,
        Assuming you worked on H1B for few weeks, you are fine to transfer.
        You do not need any pay stubs as you are not in US and on H1B, all they need is your h1B for cap exempt filing.

  14. Anand

    Hi, My passport is about to expire in Nov,2020 i.e, in another 4 months. I am switching to new employer and initiating H1 transfer. Is it required to have my passport renewed for my h1 transfer ? Due to covid19 lockdown ckgs is closed, and not sure when I will have my passport renewed. Please tell me if I have to wait or go ahead with transfer?

        1. administrator
          Kumar

          Anand,
          I am not sure how you got it beyond passport validity in the first place… In any case, the practice is that you will have I-94 until end of passport, if it is shorter than the petition approval duration.

  15. swe2020

    Hi Kumar,
    My H1b transfer was initiated from A to B.
    My I140 was approved 6 months back but I was not aware of it ( as USCIS showing as RFE received) and have receipt number with me.
    My new employer B initiated H1B transfer with 140 receipt number and recently i got to know that my I 140 was approved 6months from employer A after we file H1B transfer to employer B.
    What will happen in this case of H1B transfer?

    1. administrator
      Kumar

      Swe2020,
      It will not have any positive or negative impact. All it tells is that you are eligible for transfer. if your application for transfer is good, you are going to get approval.

  16. Uday

    Hello,

    I am currently working for Employer A and will be joining Employer B next week (H1B transfer approved). Today, I got an offer from Employer C, which I can’t easily let it go. My plan is to join Employer B for now (as I already gave notice to Employer A) and join Employer C once my transfer with Employer C is approved. My question is, do we need pay stubs with Employer B for my new H1B transfer? I have paystubs with Employer A till date, but it will not be my employer anymore from next week. I have a clean record in US and no previous immigration issues. All employers are reputed companies and full time opportunities. Please suggest me few options.

    Best Regards,
    Uday

    1. administrator
      Kumar

      Uday,
      If you do not have I-94 expired, you are fine to give your current pay-stubs and let Employer C file H1B.

  17. Hemanth

    Hi,

    I’m working at a ABC university and I have my cap-exempt H1B approved. I’ve never been counted against the lottery. Once i start my green card and get my i-140 approved from the university, will i be able to transfer to a for profit company?

    Thanks

    1. administrator
      Kumar

      Hemanth,
      I have not seen such situations, check with an attorney. Also, do update here for community benefit.

    2. Rashmi

      Hemanth, I am in a similar situation and from what I heard when I spoke to an attorney, it looks like nobody actually knows exactly how this works. Only option is to file and see what happens! If you have had any success please do let me know.

      1. Hemanth

        Rashmi,
        Thanks for your reply. Sure will let you know.
        What if i try to transfer to a for profit company from a non profit organization? Will my H1B transfer be denied?
        Thanks

  18. PV

    Hi Kumar,

    I got my H1b stamped on April 2018 but unfortunately I couldnt travel to US because lack of projects with my emplyer

    What are my options ?

    1. Sadly my visa got expired on Sept 2019.
    2. Can I file for amendment from India with an help of an employer ?
    3. Am I eligible for visa transfer (normal or premium visa transfer) process?
    4. Any other valuable inputs from your side ?

    Thanks
    PV

  19. Amit

    Hello,

    I am currently in the process of getting my H1B transferred to a new employer.
    The new employer has asked me to submit all documents including my current H1B visa stamps in the passport.

    My H1B visa stamp expired last year, however my i-94 and i-797 petitions are still valid till end of 2020. I didn’t get a new stamp as i didn’t got an opportunity to travel out of the states.

    Do you think, not having a valid Visa stamp on passport could be a problem for filing the H1 transfer petition?

    Thank you

    Regards
    Amit

      1. Nupur

        I have a approved i140 from employer A ( approved for more than 180 days). My i94 from the employer A is valid until dec 2021. The company was getting shutdown so I got a notice of two months to serve employer A. I started looking for job to maintain my status and I got an offer from employer B ( more or less same job position and salary)
        I accepted the offer and they filled my H1b transfer, due to the current situation I joined the company B after their LCA got approved. I am still waiting for the receipt number to come( 15 days over now), But already started working in company B, which they said is allowed. My transfer is still pending ( regular processing).
        In the meantime ( like within a week of joining company B) I got a very good offer from a different company C with a promotion and much better pay hike. They are willing to apply my H1b in premium processing.
        Now my questions is;
        1. Whether the H1b transfer filled by company C be considered as a bridge/ dependent on company B petition ? I have a valid i94 which I got during the H1b extension from employer A. But I have now quit my first job and joined company B. So I am not sure if my previous i94 will be still considered as valid or not? Please help. Thank you so much.

        1. administrator
          Kumar

          Nupur,
          Well, it is technically a bridge petition. As you were not in proper status when you filed for B. Having I-94 is one part, maintaining status is second part. Ideally, you should be in proper status ( i-94 and working too) and then apply for the transfer. Also, in general, you should not work before the receipt notice. The reason is, let’s say something is wrong and they do not accept your petition, then your work becomes illegal..so, need to be careful. Some are grey areas and it is subjective. Discuss with Attorney at company C and then make a decision.

          1. Nupur

            Thank you Kumar!

            Few Updates in my case: I have received my receipt number and also my current company has agreed to upgrade my visa extension case to premium processing. So as for my understanding goes, now I have to wait for the visa extension through my current company to get approved first and then I can request the new company to start my visa extension afresh. That’s possible right?

  20. LostS

    Hi,
    My H1 extension got denied in mid-April and I94 also expired. I have I-140 approved. Due to Covid, I am not able to travel back. Attorney is doing paperwork for COS to B2.
    (a) Will there be an issue with COS to B2.
    (b) Can I look for other employer to do a H1 and transfer over. I cannot show pay-stub starting mid-april.
    (c) Any other risks moving to new employer
    (d) If the H1 goes thru with new employer, will it wipe-out the illegal stay days that I have accrued

    1. administrator
      Kumar

      LostS,
      a. Should not be. COVID-19 is classified as a special situation and USCIS will consider that for COS.
      b. If it is denial, then you cannot. You may try to do COS after B2 is approved by filing COS from B2 to H1. But, that is really timing thing and many do not recommend it.
      c. same as b
      d. same as b.
      Discuss with your attorney and plan. Your situation is very different as you got denial, so your options are limited.

      1. LostS

        Thanks Kumar. Just confirming… In the point 2) finding a new employer to do H1 might not work. Can my current employer do a H1 with my current status.
        Also, after b2 application is put in and pending, can I do H1?

        Thanks in advance.

        1. administrator
          Kumar

          LostS,
          No, as you do not have valid status with your I-94 expired and you got denial. Talk to your attorney.

          1. LostS

            Thanks Kumar. Will check.
            Do you see any other alternatives. I am trying to see how I can reduce the impact to my kid’s studies.

            LostS

  21. Vinnie

    Hi Kumar – is H1B Transfer also deemed a ‘sponsorship?’ What is the difference in terms of cost for filing a H1B Petition (lottery process) vs. filing a H1B Transfer?

  22. Kumar

    Any idea on how many days it takes to get receipt number for a h1 transfer case after uscis receives the transfer petition? Since premium processing is suspended , I have filed under regular processing on April 29.

    1. sabat

      HI,

      My 60days grace period ends today

      I found the new job and employer who is willing to transfer my h1b on 15th march and documents to Uscis on April 9th.

      I havent recieved reciept yet.

      Should i go back to the home country and come back after approval( however i cant travel now due to covid,)
      Is there any other way that i can able to maintain my status?

      1. administrator
        Kumar

        sabat,
        Is it already filed or NOT ? We are in May, you should have heard something by now, if they applied in April.
        You should apply for COS to B2, if you have not applied for H1B.

        1. Sabat

          I have already applied kumar. They told it has been received by uscis on 22nd of April. Will be out of status even in the processing stage?

  23. Karthik

    Hi,
    I have joined to new employer with H1B transfer receipt number and payroll has started with new employer.
    Question : If something goes wrong H1B transfer or not approved , Can I still come back to old employer and start working in old employers payroll since my current H1B valid till Oct-2021 and I-140 approved with current employer 6 years before.

    Please advise.

    1. administrator
      Kumar

      Karthik,
      This maybe possible, if your I-94 is not expired and the old employer has not withdrawn the H1B petition. Always discuss with your attorney on these kind of situations and then only plan.

  24. Mani

    Now correctly I am working on L1 B in company A but I got selected in H1B company B , we want to stay back with company A . My question is
    1. If I want to stay back with company A do i have to work in company B to get pay stubs before transferring back to company A or before joining company B can i port the H1 B to company A without Resigning from company A.

    2. When will be my L1 B status get changed ?

    3. What happens if there is a RFE on my transfer? Can i maintain my status in L1B?

    1. administrator
      Kumar

      Mani,
      1. Just getting registration does not do anything. You need to submit the actual petition. When they submit the petition, you can ask to choose as Consular processing to avoid Change of Status. Read H1B COS vs Consular processing.
      2. If they file as COS, then it will change on October 1st, if h1B approved with COS.
      3. You need to maintain L1B status until you get H1B approved and until October 1st, if approved earlier..

      1. Mani

        Thanks for your information

        My question is once I get H1B approval for Company B , can I transfer my approved petition to Company A before joining company B.

        1. administrator
          Kumar

          Mani,
          Well, this is grey area…usually USCIS expects that you get H1B status by working or getting stamped…if you try to do before that, USCIS may question status…hard to say.

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