Getting an H1B Visa to work in the US is subject to a lot of luck as the demand is extremely high. To give you a perspective, we had H1B Visa Lottery every year since 2013 for the last 10 years. No one wants to go through the process again. The reality after getting an H1B visa and working for a company for some time can be different. You may want to change companies as you do not like them or the culture. This is where the concept of H1B Transfer comes in.
Depending on your situation, you may want to transfer H1B when you are in the US or even before you enter the US. There are multiple scenarios. As part of this article, we will look at various scenarios, look at the overall process, and the documents required, and understand the cost, timelines, and common FAQs.
What is H1B Visa Transfer?
First of all, there is no official term that is called “H1B transfer“. It is a term coined for our convenience and that’s what everyone calls it. The official option that corresponds to the H1B transfer is called “Change of Employer“. When you fill I-129 Form, which is filed with USCIS when you file an H1B transfer petition, you would choose that option in Part 2.
Below is the screenshot of the I-129 form, where you see the option “Change of Employer” in Part 2, which is on Page 2 of the form.
Technically, the 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 the H1B Visa lottery because the applicant has already been counted in the H1B visa quota cap.
Also, there is nothing really transferred from your old employer to your new employer or even your visa-related stuff. All they are using is your previous employer’s approval notice to ensure that you are cap-exempt and do not have to go through the H1B visa lottery again.
H1B Visa Transfer Eligibility Scenarios, Requirements
Depending on where the H1B visa applicant is during the time of the 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 the US and never visited America.
- H1B Transfer after entering the US, but in a short time.
- H1B Transfer after working in the US and the applicant is in the US
- H1B Transfer after working in the US, and the applicant outside of the US
- H1B Transfer with I-140 Approved
Importance of H1B Transfer Applicant’s Status in the US for H1B Transfer
USCIS looks at the H1B transfer applicant’s status in the US and verifies if the applicant has maintained proper status in the US, in order to approve the petition. 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 the article US Visa vs Status to understand the difference.
Now, let us look at the above-listed four scenarios in the context of the applicant’s ‘status’ in the US.
Scenario 1: H1B Transfer Applicant outside of the US and never visited America
Usually, this situation arrives, when you, as an applicant, are living outside of the US and a Company in the US applies for your H1B Petition. Imagine, you got an H1B petition approved by a company, and also got your H1B Visa stamping done in your passport based on that company’s job details. Now for some reason, your old employer is not able to get you to the US, and you want to transfer to another company.
In the above scenario, USCIS usually looks at two aspects, one is the applicant’s current status and the second is cap exempt situation.
- Applicant Status:
- The concept of status in the US is not relevant as the applicant is outside of the US and will not have any US visa status.
- So, you as an applicant do not have to prove your visa status. So, there is no need to submit I-94 Arrival Departure Card or any relevant documentation to say that you are in any legal US Visa status
- Cap Exempt Qualification:
- The second part is the cap-exempt situation. This is the tricky part and a slightly grey area. In the past, USCIS used to consider a petition as cap exempt, if you had an H1B petition approved from the employer.
- But, in recent years, USCIS guidance says that you must have got H1B Visa Stamping done as well, to be counted towards the cap for an H1B transfer. What they are saying is, when you go for stamping, you get H1B status on paper and that’s when your H1B cap slots is technically counted.
- If you do not get stamping, they say that you never had H1B status, so cannot use your just petition approval for transfer to another employer.
- So, for you to be cap-exempt for transfer, you must have had H1B Visa stamping done as well after your H1B petition approval.
Scenario 2: H1B Transfer after entering the US in a short time
Usually, this situation arises when the H1B holder after arriving in the 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. When we say a short time, it means less than two weeks or 15 days.
If someone wants to transfer within 15 days or less after they enter the US, similar to above, USCIS would look at the applicant’s current status in the US and the cap-exempt situation.
- Applicant Status:
- As the H1B transfer applicant has arrived in the 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 can go online and download the electronic I-94 copy to get the status details.
- The applicant has to prove status, but there is no additional information, except the I-94 copy and the copy of the CBP Stamp on the passport that they need to submit to prove status.
- They do not have to submit any pay stubs or other tax documents to prove that they have maintained their 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 the US on H1B visa status. If the applicant had H1B status at least once, they are counted towards the cap and are considered cap-exempt.
In the above situation, as the applicant meets both of these, they can do an 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 an H1B transfer within the US.
Scenario 3: H1B Transfer after working in the US, the applicant in the US
This is the most common scenario of the three as many are in the US on H1B Visa working for a company and they get a better offer outside and they plan to move. Typically, this could be anytime after 15 days or a few months. Similar to the above situation, USCIS looks at the status and cap-exempt situations for transfer.
- Applicant Status:
- As the H1B transfer applicant is working in the US for some time, 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 the most recent pay stubs or tax documents, ( if over a year), USCIS may question the transfer and they may not approve the H1B Transfer with I-94.
- In such cases, the employee has to leave the US and get the stamping done at a US consulate and re-enter the US to work for the new employer.
- Cap Exempt Qualification: The applicant is considered cap-exempt as they worked on H1B before. So, this is implicit and the applicant needs to share the approval notice from the previous employer.
Scenario 4: H1B Transfer after working in the US, applicant outside of the US
This situation arises, when someone left the US after a few years of working on H1B, for whatever reason, and plans to come back to the US as they have not used all 6 years available for H1B. In general, you can recapture unused H1B Time, if you have not used up all the 6 years duration. Now, even in this situation, USCIS typically looks at the status and cap-exempt situations for transfer.
- Applicant Status: As the H1B transfer applicant is not in the US, the concept of status is not relevant, so the applicant does not have to prove his visa status.
- Cap Exempt Qualification:
- The applicant is considered cap-exempt as they worked in the US on H1B before and had H1B status at least once.
- Usually, applicants need to submit a copy of the approval notice of their previous employer. Optionally, the applicant may even submit payslips from his previous H1B employer, Bank statements, and W2 tax forms, in order to prove that legal status was maintained while the applicant was in the US.
- No proof is required for the period of time spent outside of the US. You can even submit your I-94 Travel History
So, applicants in the above scenario can transfer as long as they worked in the past and have not used up all 6 years.
Scenario 5: H1B Transfer with I-140 Approved
One more common situation is when someone has Form I-140 Approved. Usually, I-140 is applied as part of the Green Card process steps, with USCIS, where you wait for the priority date to become current.
In the context of H1B transfers, you can continue to work in the US even after 6 years on H1B, if you have I-140 approved. It also applies to H1B Transfers too. If you have an I-140 approved for over 180 days and is not withdrawn during that 180 days, you can use it to apply for an H1B transfer as long as you want without any time limit of 6 years. You can do these transfers until the priority date becomes current. To avail of this option, USCIS looks at the below
- Applicant Status: If the applicant is in the US, they need to submit status-related documents like I-94, Current Pay stubs, tax documents, etc.. If the applicant is not in the 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 an employment-based 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 it, you can get it using an FOIA request with USCIS.
Now that we know the eligibility for an H1B transfer, let’s look at the process involved.
Step-by-Step Process for H1B Visa Transfer
The H1B Visa Transfer process is exactly the same as filing a fresh H1B petition with a new employer. The fundamental difference is that with an H1B transfer, the applicant does not have to go through H1B Registration Lottery again as they are technically counted towards the cap. Depending on your situation, you would fall into one of the above-discussed scenarios, you would need to meet those requirements to prove status and cap-exempt situation.
Below are the steps involved for an H1B Visa transfer:
- Step 1 – Find a Job at H1B Sponsoring Employer: You need to get a job at an 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 are eligible for cap-exempt petition filing as an 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 a 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 the 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, and info in it.
- Step 4 – File H1B Transfer Petition with USCIS: After the LCA is approved by US DOL, your new employer will file an H1B transfer petition with USCIS. Basically, they will file form I-129 with USCIS with all the relevant fees, 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 a receipt notice to the 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 a few days to a 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 a choice to either join or continue with the previous employer…
Let’s look at the documents checklist for the H1B transfer.
H1B Transfer Documents, Checklist
The H1B transfer documents are pretty much the same as the regular H1B petition, but additional details like current status in the US and previous H1B details have to be submitted. Some of the below documents are optional or may not be relevant for the applicant if they are in their home country and have never traveled to the US.
Checklist of H1B Transfer Documents:
- 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 the applicant.
- Copy of Passport
- Copy of I-94 ( if already in the US)
- Copy of H1B Stamp on passport ( if already in the US or have done stamping)
- Copy of Previous approved H1B petition ( I-797 approval notice)
- Copy of SSN ( if already in the US and worked before)
- Copy of 3 or more most recent Pay stubs/ pay slips ( if already in the US )
- Copy of W2 Tax forms from employer ( if already in the US and filed taxes)
- Copy of Bachelor/ Masters Degrees or any higher education.
- Education-related University Transcripts in a sealed cover.
- I-140 Approval copy ( if applicable)
- Academic Evaluation (depending on the 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 employers includes application fees that are paid to USCIS and other fees such as attorney fees. 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 Component | Fee in USD | Additional 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 | $750 – for employers with 1 to 25 full-time employees )
$1500 – for employers with 26 or more full-time equivalent employees) |
| Fraud prevention & detection fee | $500 | Needed as there is a change of employers |
| Fee-based on Public Law 114-113 | $4000 | Applicable, 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) | $2,500 | Applicable only if the H1B Transfer petition is filed under premium processing. |
| Immigration Attorney Fee | Varies 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 Processing Timeline
H1B transfer includes many steps from filing LCA, to working with an attorney and processing by USCIS. Each of these has its own processing time, so you need to factor in time for all of these below.
- LCA Processing time: As part of the H1B transfer, the 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 a 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 the H1B transfer petition. It can vary from a few days to a couple of weeks or more depending on the speed to get documents like transcripts, education evaluations, etc. You need to factor in at least a 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 an H1B transfer petition can range from a few weeks to a 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 the H1B transfer. If you file in premium processing, you will get a response in 15 calendar days. Check USCIS Premium Processing
Overall, you can expect anywhere from a few weeks to a few months, depending on if you choose premium or regular processing.
H1B Transfer FAQs
You can work for New H1B Employer after USCIS receives the H1B transfer petition and issues a 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 an H1B approval notice, before you start working to avoid any issues with the transfer.
No, you do not need the permission of your current employer to file an H1B transfer by a new employer. Any H1B Sponsor can file an 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.
No, you do not have to inform your current employer that you have applied for an H1B transfer. Having said that you are still governed by your employer contracts for the notice period and other obligations that you need to fulfill when you leave the employer. So, plan the start date at the new employer and other things factoring in these things.
No, you cannot do an H1B transfer from Cap exempt employers like universities or non-profit research institutions to a cap-subject employer like general MNC companies. You will need go through the standard H1B registration and lottery process if you wish to do so.
No, there are no limits. You can have multiple employers apply for an H1B transfer on your 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.
No, there are no such limits, you can apply for an H1B transfer as many times as you want in a month or year.
Your H1B visa stamp dates are not fully relevant for the 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 the comments below.
Hi Saurabh,
hope you are doing good.
i have come to US on L1 Visa in May’2011 with I94 validity till March 2014 . in july 2012 my L1 got expired but i keep staying on valid I94. now same employer has filed my H1B without cos 2012 for which petition got approved and it is valid till 2013 December but i could not go back till now to stamp it so will it possible if i can change my job here based upon the last approved petition without stamping?
Regards
Devendra
Hi Saurabh,
I have a H1B stamped on my passport from CompanyA that is valid till 15th Aug, 2013. I voluntarily quit my job with CompanyA on 21st Dec, 2013 and moved back to India for starting my own company. I graduated with a Masters degree in Computer Science (STEM course) from US University in 2010 summer, and started working with CompanyA since then. My H1B was stamped on 30th Nov, 2010. I have always maintained my H1B visa status when I was in US. Considering H1B cap for 2014 is already hit, I wanted to know –
1) If I find a job with a US company right now (within July 2013), can I go back to USA? Or will my application be counted within H1B quota and I will have to wait till next year, because the H1B cap has still been hit?
2) My H1B visa stamp is valid till 15th Aug, 2013. Does that mean I have till 15th Aug for me to find a new job in US and apply for H1B petition? Or can I even submit new H1B petition after that and still be able to go back to US this year? Lets say I find a new job in Sep-Oct, 2013. Am I still eligible to be considered outside the H1B stamping quota for this year?
3) I left on good terms with CompanyA and they mentioned that will be willing to offer me a job later on too. My H1B visa stamped on my passport is from CompanyA. So, if I decide to find a job with CompanyB, does that hamper my chances of having the new H1B application accepted?
Any help will be really appreciated.
Thanks,
Maan Singh
Sorry for the typo in the year. I voluntarily quit my job with CompanyA on 21st Dec, 2012 (and NOT in 2013)
Maan Singh,
1. You are eligible for cap-exempt petition based on your previously approved petition. So an employer can file a cap-exempt petition for you while you are in India. Once approved, you can travel to US using new petition and old visa stamp (provided it has not expired). You will need your most recent US payslips, W-2s and copy of approved petition for the new cap-exempt petition.
2. Cap-exempt petition can be filed within 6 years of your H-1 date. Your H-1 visa stamp date doesn’t matter.
3. Chances of approval will depend upon the documents submitted by B and whether you maintained status in US or not. Your relationship w/ A will not impact the outcome.
Hi Saurabh,
Need your help and expertise…please help
Am with Comp A in US with a valid H1B till end of 2013. Got a H1B petition approved from comp B, valid from June 20, 2013 till 2016.
My question is : If my last day in Comp A is July 1 and I join company B on July 8 ( that is GAP of 8 days between A and B job ) will this cause any issue in future — for GC processing, transfers, extensions etc. Is there a maximum allowed GAP between employments allowed by USCIS.
Thanks for your help and time
MJ,
IMO, it falls into the gray area. It is ok to take a short break for vacation, relocation etc. July 4th is a holiday and it would be reasonable to take a week long break for vacation.
However, this may be questioned in future by USCIS and then you will have to show what your intent was. It will then depend upon the officer’s discretion. Do talk to B’s attorney about this.
Hi Saurab,
Please help
I am working in a big IT company in india and never traveled to USA, I have filled my H1B this year from a US based consulting company and the petition number is showing “post decision activity” in USCIS.gov website, will go for stamping in august 2013.
now my current indian company is willing to transfer my h1b (not sure about normal/premium processing, I will insist for premium processing ) , my question is if my current company file for transfer and the US consulting company come to know that transfer process has initiated then can they cancel my H1B before it’s transferred ?
Many thanks, please reply.
SB,
First, they will not know about the transfer until someone specifically tells them about it. As long as you have the receipt number (or even better if you have approval copy), withdrawal of approved petition doesn’t impact the H-1 transfer.
Hi Saurabh,
I was on H4 and got my H1 B approved on october 2012. My consultancy could not find a project for me and was on bench for more than 180 days. Now I have an employer who is ready to do my H1B transfer to company B. Can I move to h4 and then once h4 approved do the H1B transfer to company B. As my consultancy(A) has never paid me and have no payslips.
Will i get my h4 approved?
Will the h4 have I94 attached to it?
Once the above are done can i move to company B without payslips stating company A could not find project for me.?
please help.
Satish,
Will i get my h4 approved?
> Your COS will most likely be denied as you are not maintaining legal status in US
Will the h4 have I94 attached to it?
> Same as above
Once the above are done can i move to company B without payslips stating company A could not find project for me.?
> The above cannot be done as you don’t have payslips. You should have moved to H-4 long time ago. My suggestion is to talk to a good attorney ASAP and get back-wages from old employer. You should do this irrespective of whether you plan to change employers or not.
Hello Saurabh,
I am working with a desi consultancy since last one and half yr.I got paid on time with all the paystub till may 2013.Then i got a offer from employer B and they filed my h1B transfer on june and joining date is july as we would get the receipt by that time.For june month i am on bench and my employer would not pay anything or even if he would he will not give me the salary slip for that period as he has some clue (abt my h1b transfer)and he revoked my ADP access.I did submit my salary slip till may and filed h1b transfer on june 15.Will this one month salary slip create any issue for visa transfer.
Thanks
Roni
Roni,
Its not possible to give a concrete answer as it will depend upon USCIS officer’s discretion. As it was filed on 15th, you are supposed to submit slips until May, which you have. However, if the officer finds the need to get more recent ones, he can issue a RFE.
How confident are you about the transfer? I mean other factors beside this payslip. May be you can join B now while transfer is in progress and upgrade it to PP to get quicker result. Discuss this w/ B’s attorney as well.
Hi,
I am in India and never been to US on H1/L1 . I have an approved H1 Petition through employer A which is done under premium processing for 2014 but I have not gone for stamping yet. Now I have received an offer from employer B so can my employer B again apply for H1 under cap exempt status for 2014? Can I use same approved petition? and Can my employer A stop me from using this approved petition?
Thanks in advance. I really need to make a decision so any information on this scenario will be helpful.
Paddy,
B can file cap-exempt petition using A’s approved petition to show that you have already made through the cap. A cannot stop you from having petition filed through B.
Do you have copy of A’s approved petition?
Hi,
I had H1b Valid through Company A , Valid till Dec 2013
I got offer from Company B , they filed H1 transfer under Regular Process
Meanwhile COmpany A revoked H1
for B’s H1 transfer i got RFE , its replied and its under Review status ,
Now I got offer from Company C
Can Company C file H1 transfer again ? (as currently i dont have any H1 approval in my hand)
Please share your experience..
Thanks,
Sam
Sam,
Are you in US or outside of US? When is your current I-94 expiring?
Hi Saurabh,
I am in US and current I-94 is valid till Oct 2013
Thanks,
Sam
Sam,
Are you currently working for B? I assume so.
C can initiate H-1 transfer for you now, while B’s petition is pending. As your I-94 is still valid, you are covered from that front.
Although, check w/ C’s lawyer about the consequences of B’s petition being withdrawn or denied while C’s petition is still under process. If you are confident about C’s application, then may be file it w/ PP.
Thanks Saurabh,
Yes I am working for company B.
I just moved from regular to premium H1 transfer (by company C)
my concern , will i get new I-94 attached in new H1 approval or i have to go out of states and come back with new I-94
Thanks agrain
Sam
Sam,
If you have been maintaining continuous status (which you seem to have), then the new 797 will arrive w/ an I-94 attached at the bottom of it.
Thanks Saurabh…..thanks for your time and comments.
Hi Saurabh,
I moved from Regular to Premium process.
would i get new EAC receipt no or same will be used to track ?
Thanks,
Sanjay
Sam,
The receipt number will remain the same.
Hi Saurabh,
My H1 was applied in regular processing in Jun 5, 2013.
and then changed it in Premium Processing.
Attorney is saying she filed the case in premium on Jun 25
on USCIS site still says :
Initial Review : On June 5, 2013, we received this I129 PETITION FOR A NONIMMIGRANT WORKER, and mailed you a notice describing how we will process your case
Doesn’t status changed ? is it normal ?
Thanks,
Sam
Sam,
Yes, the status should change, but at times it doesn’t b/c of their system issue. Still, your attorney should follow-up w/ USCIS to confirm if they have indeed received the PP update request.
Hi Saurabh,
Thanks for your help!
I got my H1B valid for three years, Due to financial crises, I lost my Job after 9 months, What will happen If will go back to India, Can I come back on same H1B with other employer or I need to file new H1B
I will appreciate your quick response
Thanks
Hemant
Hemant,
Another employer can file a cap-exempt petition for you on the basis of currently approved petition. You are not subject to April filing or Oct start date.
Hello Saurabh,
I got my H1B stamped last year, but not traveled yet to the US. Now I have an offer with another company in India. Would it be possible for the new employer to file a new petition to transfer my H1 visa. If yes, how long it usually takes to complete the transfer process
Does it requires a consent from the current company who originally filed the visa
Appreciate your immediate response
Regards,
Anoop
Anoop,
Would it be possible for the new employer to file a new petition to transfer my H1 visa.
>> Yes
If yes, how long it usually takes to complete the transfer process
>> 2-6 months under regular processing, and 15 calendar days under premium processing
Does it requires a consent from the current company who originally filed the visa
>> No
Thank you so much for your quick response Saurabh
As I have not traveled to the US yet using H1 B, I do Not have any US pay slips and I-94.
What I have is the I-797B and visa stamping in passport. So I would like to know if there are any other documents that are required for transferring my visa to the new employer in India that I would be joining shortly. Request your reply.
PS: the new employer is an MNC and have office in US as well.
We are looking for a Java/J2EE professionals with more than 7 years of experience.
Let me know if you have this skill set and still looking for an employer to transfer your H1-B visa.
Hi Saurabh,
I was on H4 and got my H1B approved on october 2012. My consultancy could not find a project for me. I found a project now and the pay scale the new company is offering is less than what is mentioned in my LCA. My consultancy told its fine and i joined the new company. Now my new company is ready to transfer my h1 b to theirs. But my consultancy is not running my payroll neither ready to give me pay slips. The new company is ready to pay me personal check bi weekly but i would need help in knowing:
Am i currently out of status?
Can the new company attorney file my h1 b transfer without previous pay slips?
I have an approved h1b petition with my consultancy as employer till dec 2015,am i working illegally?
Can i continue to work till 2015 by getting personal checks?
please help me.
Thanks,
Satish.
Satish,
You are out of status if you are not getting paid at least the LCA amount by your current company. To remain in status, you need to work for the employer that has the approved petition for you, and get paid salary as per the LCA. If the new employer has not filed the transfer petition, then you can only work for the old employer and get paid as per the LCA. Tell the old employer that it’s a law that they need to pay as per the LCA and provide you payslips that tell you what your tax withholdings are.
You should talk to a good attorney as you don’t seem to be in legal status right now. You can also decide to complain to DOL against the employer using W-4 form.
Thanks a lot for your reply Satish. Few more queries in this regard:
I have valid I94 for both h1 and h4 am i still in illegal status and cannot stay in US.
Can I get my new employer file my H1B transfer stating that my consultant could not find project position for me and I was on bench. Will it be successful?
I have a SSN number and my petition papers so can a attorney help me transfer to new employer with the offer letter without my consultancy knowledge.
Sorry to bother you more.
Satish,
You were on H-4 status until your H-1 got approved w/ COS. There after you were on H-1 status and your H-4 I-94 is of no use.
As your H-1 I-94 is still valid, your presence in US is legal, but you are not maintaining status as you are not getting paid. So you need to have valid I-94 and need to get paid in order to be in a legal valid status.
If the H-1 transfer is initiated, the current employer will not know about it. However, the chances of transfer getting approved w/ I-94 attached (which allows you to work for new employer) are pretty slim.
Thanks Saurabh.
Is payslips of previous employer even if I was on bench mandatory for H1B transfer.If yes, how many pay slips are required. I paid and got my H1 so he is asking me to pay him the LCA amount to run the salary slip. I somehow cannot trust him and pay money,please help me if there is any option to skip this.
If i get h1 transfer done and the I94 is not attached does that mean i cannot work for the new employer. I will still have old h1 I94 valid till 2015. Can I work with that till 2015 for new employer.
I know I am asking too many questions am scared and helpless about my current situation.
Hi,
Please answer this its urgent.
I was working in company A and recently changed job to company B but now within a week after joining company B i have a offer from Company C. Since its only one week in Company B i do not have any pay slips yet from here. Can i do a H1 transfer to company C in this situation.
Sushal,
Yes, this can be done. You will need A’s petition copy, B’s receipt number or 797C, and A’s payslips. B will have to pay you for this 1 week and you can submit that payslip later.
Did you discuss this w/ C’s attorney?
hello Saurabh,
I have one question. I currently working for employer A on opt stem extension expires on feb 2014. Employer A applied h1b petition for me and it got approved for 3 years starts from October 2013. Now I am in a position that company is going to terminate my job in few days. So what are the other options I have? I spoke with another employer B he is ready to apply another h1b petition for me, after i get client letter from other client it may take few months. He is saying that he can apply for another h1b petition because I already have approved h1b. whats the solution if my current employer revoke my application after termoination ? still employer B can apply for h1b with out cap gap exempt ?
Raj,
You can join another e-verified employer while on OPT extension. Meanwhile, another employer can file a cap-exempt petition for you on the basis of currently approved petition. This can be filed even after A lets you go and withdraws the petition. Make sure you have a copy of the approved petition (or the original petition) for future cap-exempt purposes.
Raj,
Also talk to your DSO if you are not able to find another H-1 employer till Oct 1. This is b/c when H-1 was approved, it would have updated SEVIS record to get closed on Oct 1.
Hi Saurabh ,
I have one question regarding H1 transfer. I am working for a company A on OPT stem extension. Company A applied H1 and got approved starts from october 2013. Now I want to change my employer, So company B has to apply new H1b petition? or just H1 transfer is fine. My main concern is if company b needs to apply for new application will the petition counts into quota or cap exempted.
Thanks
Raghu,
H-1 transfer is nothing but a new H-1 petition which is cap-exempt. So B will have to file a new H-1 petition, pay all the fees etc but not be subject to annual cap. They will have to submit copy of old petition as proof of cap-exempt.
Hi Saurabh/anyone,
Please suggest
I am working for company A from India and got a job offer from a small US based company B and they filed my H1B this year (2013), I received the receipt number ONLY from them. now my current company A is willing to send me to US, I don’t want to go with company B if I get a chance from company A itself.
Questions:
1. Company A never filed H1B for me, can I transfer my H1B filed by Company B to Company A (Status of H1B now is “Initial Review”) ?
2. I read somewhere that I need I-797 for H1B transfer, I don’t have this doc, where should I get this ? I just have the H1B filed EACXXXX number with me.
3. should my current company A pay any amount to Company B for H1B document exchange/H1B transfer ?
Thanks!
San
Why you people always want to transfer visas before even your visa is approved. This is unethical and ditching
Hi Saurabh,
Hope you are doing good.
I am working with company A in US since may 2011. I got offer with company B in Dec 2011 and transferred my petition to company B and it was approved in Dec 2011. But some reasons I didn’t join the company B at that time. I am continuing with Company A. few months back I travelled to India and came back to US from company A. Company A’s petition/stamp is valid till Dec 2013.
Now I am planning to join the company B and B’s petition is valid till Dec 2014.
Could you please clarify following question
1. Is company B has to file new camp-exempted petition for again to join B now?
2. Is B’s petition valid still? Can I check this online? I have B’s I-797 with me.
3. Can I join company B with my old B’s petition directly in US?
4. Do I need to travel to India/abroad and came back to US on B’s petition, as I don’t
have the valid B’s I-94.
5. If yes to 4th question, is there any other ways to join company B without going to
India/abroad?
Thanks for your reply in advance.
Hi Saurabh,
Could you please reply to my post..
Thanks
Kumar,
1. If they haven’t withdrawn the previously approved petition, then its still valid.
2. You should confirm w/ B if they have withdrawn the petition or not.
3. I think you can, but check w/ an attorney if you need an I-94 w/ B’s name on it.
4. Will depend upon answer to (3)
5. Check w/ attorney about (3). I don’t know what application can be filed just to get B’s I-94
Hi Saurabh,
I’m currently on H4. I’ve applied for H1 this year (via consultancy A) under CoS and got thru lottery. This was for a “Prog Analyst” profile. Now, I’m getting offers from other companies for other roles (Ex: Business Analyst) and I’d like to join them.
Options I thought:
1) Wait till H1 is approved (July or August) and then ask employer B to file H1 transfer
2) Work with consultancy A (not sure if the work they find will suit my profile) for 3 months, get paystubs and then check for h1 transfer
Problems:
1) Will change in profiles raise any flag during H1 transfer application?
2) What could be issues with consultancy if I’ve to quit after 3 months.
Appreciate your help. Thanks.
Hi Saurabh,
I am also on same boat as of H4 Cos.
I’ve applied for H1B this year (via consultancy A) under CoS and got thru lottery.
I am on H4, I want to work for company B, same position. I directly want to work for company B. Can company B apply for H1B transfer? Do I need paystubs? Do I need to go to India for visa stamping first? Pls relpy…
Hello Saurabh,
I am in US currently on H1B with Emp A. Petition valid till December 2013. Question is on Cap-Exempt H1B application :
If I go back to India after Dec 2013, can Emp B Apply for Cap Exempt H1B for me ( say for example in Jan 2014 ) or do they have to wait till April 1, 2014 for the lottery system.
Basically Question is , whether I would come under cap-exempt if I do not have any “Valid/Active” H1B petition i.e on the basis of a expired or revoked petition.
Hi ,
I have my A employer got revoked my h1b petion on May 30 th and B employer got transfered H1b receipt on same day i.e May 30th . Am i legal status. Can i go ahead and start the job with B employer ? . Also this B employer file the H1b with PP. Please advice me . thanks!
SRIGOMS,
You should be fine and in legal status b/c USCIS received B’s petition before A revoked the petition. Still you can confirm w/ B’s attorney.
Hi Saurabh,
Just one small clarification..
I am selected in lottery and my H1 was filed by employer A. Now once i get approved can I change it to employer B before travelling to US?
Is it true that you have to have few salary slips for the procedure of change of employer and it can only be done after you have reached US?
Thanks in advance
What is the reply
Pooja,
B can file for cap-exempt petition for you once A’s petition gets approved. You can then get visa stamped through B (unless you get it first through A) and then travel to US to work for B. No payslips are required in this case as you have never been to US on H-1.
Hi Saurabh,
Hope you are doing good…
I have below question.
Currentrly im working for Employer -A, and I got the reciept for Employer B
But I got very good offer with Employer C and filed for H1 transfer with using Emploer A’s I797.
1. Is there any problem to get the approval for Employer C?
2. Is USCIS will approve mulitiple petitions for different employers ( Employer B & Employer C) with using Employer A’s I797?
RP,
1. No
2. Yes, they can
You are currently working for A and their I-94 has not expired, correct? If yes, then go ahead w/ C’s employment.
Thanks Saurabh
Still I’m working for Employer A and my i94 is still valid
Hi Saurabh , Thanks for your wonderful post, its very helpful, I have a question… I am on H1b and have completed only 1 month in my current company and has received my salary for the first month, there is another company willing to transfer my visa, can i apply for transfer with just one salary slip, or should i wait for 3 months so that i get three months salary slip to prove my status, is it risky to transfer with in first three months?
Regards,
Harry,
The transfer can be done now. There is no 3 month minimum stay requirement.
Hi Saurabh,
I am holding a H-1B visa from company A which is valid till next year end. I have left Company A and have joined Company B. Company B has initiated my H-1B transfer and it should be completed by this month end.
Just wanted to check as to when can I fly to US on H-1B for Company B? Is it October 2013 or as soon as the visa transfer is completed?
Also, my Visa is unused since the stamping i.e. around 18 months. How can I utilize that unused visa period in Future?
Thanks in advance.
Amit,
You can travel prior to Oct as well. The Oct start date is only applicable to cap-subject petitions filed that year. This means if your cap-subject H-1 was filed after April 2013, then you cannot travel until Oct 2013.
The employer can file for extensions for you as long as you don’t complete 6 years on H-1 INSIDE US. So no time is lost from that perspective.
Hi Saurabh,
I am on H1B with company A and currently in India. I have stamped visa till December 2014.
1. Can company A cancel my visa during this period and I could face problem at entry point in US?
I want to transfer visa with company B. Please suggest what would be the best option for me.
Thanks,
Joy
Dear Saurabh,
Do I need to go for stamping if company B transfer my Visa?
Joy,
Yes, they can. If the visa and/or petition is canceled, do NOT use it for travel purpose until another employer has filed a cap-exempt petition (aka H-1 transfer) for you.
Find B, and have them initiate the transfer petition. Once approved, travel to US through B using B’s petition and A’s visa stamp (if it has not expired or has been canceled). No stamping is required as long as A’s visa stamp has not expired or not been canceled. Still, B may prefer to have the visa stamp in their name, and its better to check w/ their attorney as well.
Hello Saurabh,
I am not sure whether I am allowed to ask out of the forum question. I would really appreciate your help if you can answer my concern. Recently I got my h1b approved. I have my OPT valid till July 13th. I believe after that I will be in Cap gap extension. I want to go for master school. Can I join school when I am on cap gap extension or do I have to wait till my h1b starts which is after october 1st.
Thanks!
Ron,
I think you can but am not 100% sure. You should check w/ the school DSO or an attorney.
Hello Saurabh,
I am on H1 with Comp A and valid till end of next year. Comp B is going to start my H1B transfer. Can i leave US for a India vacation while Comp B’s transfer is going on. I play to come back as A’s employee , work for 2 weeks (after giving notice) and then join Comp B. Comp B’s H1 Transfer may be approved while I am in India. Any problem with this ?
Or should I wait for B’s H1 Transfer approval and then leave US ( as A’s employee) , come back as A’s employee and then resign as planned.
Please suggest. Not sure about whether H1 transfer would be negatively impacted by travel outside US …
Have a valid Visa stamping for Comp A too…
Raj,
Usually you can travel while B’s petition is pending. Your extension of status will be abandoned once you leave US w/ H-1 pending. This means, B’s petition will come w/ no I-94 attached and you will have to rely on the I-94 received at the airport on your return. This in turn will be based on A’s petition. Check w/ B’s attorney on how to handle this and maybe file another EOS after you return and join B.
Hi Saurabh,
I have couple of questions. I hope you could be able to help me out.
My Scenario: My current employer applied my h1b on regular cap. I had my h1b started from october 2012. My current employer filed labor and I-40 is approved on Eb3 petition. I am waiting for PD to be current which is almost 7 years far away. I will be finishing my master degree in couple months after that I will be eligible to file under Eb2 category which is current for my country. My plan is after I get my master degree I am trying to move to another company since it is much safer to move to another employer and start my Eb2 filing.
Now my question is, how does the h1b transfer happens here?
1. Does my new employer do h1b on AD category so that they can file my GC on Eb2 category?
2. Is there any h1b transfer rule like regular and AD category?
3. Is there any specific rule that since my first h1b was approved on regular quota so transferring will happen on the same category as well?
Can you please guide me what should I need to know while doing h1b transfer to new company and I want them to file on Eb2 category.
I will really appreciate your help.
Thank you,
Xena,
1. Not necessary. When going for cap-exempt H-1 (aka H-1 transfer), there is no cap. However, in the I-129 form your employer has to mention the highest degree which in this case will be Masters.
2. No. Refer (1)
3. No
Saurabh,
My employer had filed my h1 on regular cap. I am thinking after I finish master school I will ask my employer to file my GC under Eb2? Is it possible? Some of my friends were telling me since my h1b is applied on regular and I didnt have master degree while joining them. The Job should be 50 % different then what I am doing right now to qualify for Eb2. Is that true?
Maya,
Yes, they can file under EB-2. AFAIK, the rule of thumb is that if you have a pending GC application and your job changes by more than 50%, then a new PERM needs to be filed. It’s not the other way round i.e. you need to at least change job duties by more than 50% for new GC application.
Also, as you plan to change jobs, it should be ok.
Hi Saurabh,
Hope you are doing good. I have a question. I got my H1B approved in 2009 and it got expired in 2012. Now i changed employer and want to apply for H1B trasnfer. So, want to know till when the transfer can be applied after visa expiry. It is almost one year after it got expired. Also,i was in US for 2.5 years during that time. Thanks
Wahab,
Yes, it can be done. The new employer can file for cap-exempt petition for you within next 6 years of H-1 approval. They will need copy of previous approval notice (or at least the receipt number) and your past payslips and W-2 (when you were in US) for this. Once approved, you can appear for stamping and then travel to US to work for that employer.
Hello Saurabh
Two entirely different questions — please help me out ::
1.Question on H1B Transfer — Currently with Company A on H1B, company B files H1B transfer. Once the transfer is approved then is there a Date/Time Company B specifies in its petition as my Start Date/time OR Can I still work for Company A for a couple of more weeks and then join Company B on an agreed date OR Do I need to Immediately leave Company A the day transfer gets approved ??
Do i get a NEW I-94 with the I797 from Company B ?? What does Company B need to do to get a NEW-I94 for my spouse in H4 ?? Is this done at the same time as H1B transfer or can it be done at a later date ( current I-94 still valid for 6 more months)
2. Question on Non-Compete clause — I WIL BE paying Company A $$$$ amount as there is a clause in my offer letter to pay for shorter notice periods (to cover training, HR, recruitment costs of Company A). There is also a Very Generic Non-Compete Clause for 1 year (that I cannot work for any client,vendor,competitor etc — basically I have to go for “yatra” for an year) — do you see Company howling behind me for joining Company B which is also a large company serving many clients including our common client(even if I have paid them $$ for notice period). I am not a manager and do not know any trade secrets of company A nor I am in sales or anything — just a consultant.
Thanks for your help.
Sam,
1. You can continue to work A. It is also possible that you never join B even after the approval. B’s petition will have an I-94 attached – same number as A’s but a different end date (same as B’s petition expiration date). You can tell B to file extension of status for your wife as well. Once approved, they will issue I-94 for her as well w/ same end date as yours.
2. Some companies tend to go after their employees based on such clauses. However, lot of times it is just a scare tactic. I suggest getting it reviewed by a labor attorney in your state to know the implications (if any).
Hello,
My H1B visa was stamped in April 2006. I worked in US for 3 years till July 2009 for Company A.
Then I quit the job and joined company B in India. But before coming to India my visa was extended for 2.5years till Oct 2011, But I had quit the job
I think have used only 3 years of my quota. Now can I transfer the visa to Company B or C while staying in India in 2013? or is there time limit from the first stamping for transfer?
Malli
I have a similar situation. My HR/Legal dept. said they can re-apply using the old I-797. As per the rule the last approved petition doc should not be more than 6 years old.
Malli,
Find another employer and ask them to file cap-exempt petition for you. They can file cap-exempt petition for you as long as it has not been more than 6 years since your last petition was approved. Also, you will get H-1 term of 6 years minus the time already spent inside US on H-1.
Can my family travel to US on H4 visa that got issued last year which is valid till next year. In meantime, I have switch company and my previous employer has revoked my old H1 petition. Do my family need to go for stampping again with new petition or can they travel to US on old H4 stamping and my new petition? My family is comming to US for the first time and I would like to bring them in June this year. Could you please advice.
HarM,
As long as the previous visa stamp has not expired and has not been physically canceled in the passport, they can travel using that visa stamp and your latest petition. Also send them copy of your recent employment documents (employer information, home address, salary slip, employment letter etc)
My H1B transfer petition got approved and i have joined the new company however i have not been provided with my new I-797 Approval package and i see a resistance from the HR to share this information with me. All I have is the email for the USCIS services that it is approved. I have also emailed the attorney how have worked on my case and they have not responded for some reason… Will this be something I need tobe worried about, the company has good reputation and has good equity in the market so I don’t doubt their sustainability or brand equity here…
your attorney have to provide you the latest copy of the I-797 Approval hard copy , what ever they received from USCIS.
MSD,
Companies hang on to it as they fear you will change employment after getting the 797 copy. However, you should at least have a copy of it and especially the original I-94 at the bottom of the petition. The I-94 is yours to keep and proves your legal status in US.
Hello Saurabh,
I had appeared for my Visa interview in early Nov 2012. I was issued 221 g – all the documents along with my passport were submitted at the time of interview with the VO. Till now I haven’t got any updates. Repeated mails to embassy would just result in reply with the usual “Under Admin Processing”. My worries:
1. email to get the passport status – The reply I always get is that “No status update” available for the submitted passport number. Is my passport safe there? how to confirm its safety?
2. CEAC website to check the case status shows that the case was LAST UPDATED ON the date of my interview. Does that mean the VO has not bothered to have a look at my case & documents till date (remember, the documents were submitted to him during the interview itself)? Is it normal that the CEAC tracker site showing the candidate’s interview date as the last updation date?
3. Just as I write, my US employer tells me that the consulate has asked for “Professional Evaluation Report”. I already submitted my Academic credential evaluation report with the documents, is it something different from that? If it is different from the credential evaluation then could you elaborate how and what it entails? Do they usually ask for it?
Awaiting you prompt reply, as always.
Thanks and best regards.
AJ,
1. They are usually careful w/ the passports, but I don’t see any written information on their site which says that they take guarantee of the passport during 221g processing.
2. As the processing can take several months at times, it is not surprising that there has been no movement since that date. Also, it’s not necessary that they update the LUD as they process the case, or update it only when it moves to next stage of approval/rejection
3. This shows that even though they are processing the case, they are not updating the LUD. They will have to show why they found you good for the position. I am not sure exact documents required, you should check w/ attorney.
Hi Sourabh,
One more question is it bad for m VISA history if 2-3 H1b gets applied on my name?
Will it affect anything on stamping ??
Thanks.
Aks,
Filing through multiple employers doesn’t impact your visa/immigration history. However, if both get approved then you will have to say no to one of the employers. This may mean burning bridges w/ one of them who would have spent thousands of dollars on your petition.
HI Saurabh,
Hope you are doing good.
I am on L1B now and two companies A and B are applying h1B for me in Premium processing along with COS.Here is my questions below:-
1. If both get approved then change of status will happen on which company A or B. How i will decide which one to go with.
2. Is decision is in my hand to choose .If yes then how.
3. what will be my visa status on 1st of march means i will be employe of A or B. Is there any way i can control this after both petiton gets approved.
Thanks
Aks,
1. You can decide to join either. This means saying no to the other employer.
2. You can go w/ the one w/ better pay, better career growth etc
3. Your visa status on COS approval date (Oct 1) will be H-1 irrespective of which employer you join. You will be employed w/ the one you join.
Hi Saurabh,
My question was two diffrent petiton will get approved and for A and B.
Is it just telling by mouth to one of the employer that i will not be joining them? when shall i tell them this on sep begining?
what will happen to other petiton?
Is it advisable to file two visa just to make sure atleast one get selected?
Regards,
Abhay KUmar
Aks,
Yes, you need to inform one of them that you will not join them. Most likely they will withdraw the petition by writing to USCIS. The other employer who you join – you can work for them using their approved petition.
Legally it is ok to file 2 petitions through different employers. However, companies invest money in your filing. So it comes down to whether you want to burn bridges or not as it’s a small world.
If they withdraw the petiton will they get back their money??
Aks,
No money is returned if they withdraw the filed petition.
One more question:
USCIS will treat two H1B application as separate right?? I mean in RFE will they ask why you applied for two petiton and all??
two petiton are entirely mutually exclusive to each other??
Thanks
Aks,
Yes, they are mutually exclusive to each other. I haven’t heard/read about any RFE related to multiple filings.
Hi Saurabh,
I came to US with a H1B Visa with company X and got it transfrerred to company Y. Now I am planning to go to India. While my Visa (stamped on passport) still bears the name of company X.
a) Do I need to go for stamping while coming back?
b) If not, what all precautions should I take and is there anything to worry about (I will be carrying all my H1 tansfer doc and fresh I797 with me).
Thanks for your help.
PS: I am looking for a trip in March end. My current (stamped) Visa is valid till Dec2013 and it got extended during H1 Transfer till Oct 2015.
MadGo,
Stamping is not required. You can return on current visa stamp and new petition as long as they both have not expired.
Thanks Saurabh!
Hi Saurabh,
Can you please clarify below query
1. My I94 should expire by 23rd’ sept-13 … in this case, when can I ask my employer to ask for extension.
2. My colleague is saying that we need apply 6 months before to I94 expire date? Is this correct?
Thanks,
Ravi
RP,
Extension can be applied at most 6 months in advance. So if expires on Sep 23, then it can be applied after Mar 23.
Hi Saurabh,
I am a F1 student now working for a company A in USA on OPT.
I am planning to apply for H1B from my current company A and want to transfer to a better employer. Here are some of my questions…
1. If I start H1B application process in April 2013 when is the earliest date I can transfer to other company if I get a better opportunity? (Do I have to wait till october 1st 2013)
2. I also have OPT STEM valid till 2014 and in that case can I move to other company when my current company is still processing my H1B? Can my current employer cancel my H1B application?
3. If I transfer to other company before my first H1B stamping, will it have any effect on my H1B visa stamping in India.
Thanks and I appreciate your help,
-Pavan
Pavan,
1. Another employer can file a cap-exempt petition (aka H-1 transfer) for you soon after the 1st petition gets approved.
2. Yes, you can change employers on OPT. And yes, the employer can withdraw H-1 petition once you leave them. It is your employer’s discretion.
3. No, it shouldn’t
Thanks a lot Saurabh and I really appreciate your help
Well elaborating on the first point, let’s say I apply for H1B this april 2013 and if I am not wrong in a good scenario it takes 90 days to know the decision whether my H1B is approved or not. Once I get my H1B approved then can I transfer immediately to other employer let’s say roughly in july or august 2013. In that case my current employer can not withheld the application right as the H1B is already approved and I can start working for new employer on OPT STEM and then on H1B from october 213.
Thanks,
-Pavan
Pavan,
Yes, that is a valid scenario. As thousands of petitions are filed in April, at times it can take 2-6 months for H-1 petition to get processed. So do not rely on 90 day approval window. You can file it w/ premium processing to time-box the approval process (still if RFE is issued it can delay the approval process).
Hi Saurabh,
how are you doing? Can you please clarify my below queires.
I am planning to switch from my current employer(A) to new employer(B)
Q1. Once my H1B tranfer is complete, then If I go to India, Is it neccessary to go for Visa stamping?
Q2. Is it Possible to apply for H1B transfer from Inida if I go to India before transfer in USA?
Q3. Which one is the best option?
Thanks
RP
RP,
1. As long as your previous H-1 visa stamp is valid, you can return using the new approved petition and old visa stamp.
2. Yes. You can search for an employer now (or from India) and have them file H-1 for you (while you are here or in India). Once approved, you can use that petition to return to US.
3. In either case, try to find an employer while you are still in US employed w/ A. This way you have access to more and better employers and can give in-person interviews etc. Later, you can discuss w/ the new employer if you they can file H-1 for you and you can join them immediately (or once petition gets approved), or return to India while they file your petition. Chances of approval are the same.
Hi Saurabh,
Hope your doing good.
My visa is valid till Nov-2014, Now I am planning to transfer to company B from existing company A. I need to travel India soon the transfer is done and my question here is
1) how long does it take to transfer H1 from company A to B ?
2) Once transfer process is done , can I travel to India? Is it required to attend visa interview again?
3) What are the documents required for H1 transfer
Thanks
Krishna
Krishna,
1. Under regular processing 2-6 months, while under premium processing it will be 15 calendar days. If RFE is issued, then it can take longer.
2. Yes, you can travel after the extension. You are not required to appear for another stamping as long as the previous visa stamp is still valid.
3. Same set of documents as your initial H-1 petition. In addition, you will need copy of previously approved H-1 petition, recent pay slips, W2s, copy of latest I-94.
Thanks a lot for your timely response.
to add your point I’ve a question: If my previous visa is valid till 2014 and it is with Ex-employer and after transfer if I visit to India in 2013 will POE officer questions anything about the visa?
2) Is there any minimum period stay required with current employer or in US to start GC process.?
Krishna Manohar T,
1. Usually they don’t. The person can travel w/ old visa stamp and new petition. You can check w/ your attorney as well about it.
2. There is no minimum requirement, but lot of companies prefer that you work for them at least 6-12 months before they file the GC. This way they can evaluate your performance and can decide whether to invest that money on you or not.
Dear Saurabh,
Hope you are doing good. I have a following query.
I am here on H1 from company ‘A’ for more than an year. I got an offer from company ‘B’ and they filed my H1 transfer (in Premium mode) and it is under process. But I have a vacation planned to India for 3 weeks and I’m going to submit the resignation to company ‘A’ after returning from vacation provided, my H1 transfer from company ‘B’ is approved.
Now, my question is, during the time I’m in India, If the H1 transfer filed by company ‘B’ gets approved, I’ll have two approved petitions. In that case will there be any issue during the immigration (while returning from India) of holding tow approved petitions? I don’t think there will be any because I’m still an employee of company ‘A’ and I have a valid visa from company ‘A’. But, I would like to double check with you. Please help me with this query. Thanks in advance.
Regards,
Priya
Priya,
It is ok to have multiple approved petitions while returning to US. I assume you will work for A for few days/weeks after returning to US. So you need to carry information/documents related to A, and later join B.
Thanks a lot for your prompt response Saurabh. Really appreciate it.
Yes. I’ll work for company ‘A’ after returning from vacation and then only submit resignation.
Hi Saurabh,
Can you please help me here. I have a H1B stamped in Aug 2012, sponsored by Company A. However I have never been to US. Now while I am in India can I get my H1B transfered to company B and if yes do i have to again go for Visa interview and stamping.
Thanks in advance.
Regards,
Arunav
Arunav,
B can file a cap-exempt petition for you (aka H-1 transfer) even though you haven’t traveled to US. You don’t need to go for another stamping as long as the previous visa stamp is still valid and has not expired/canceled.
Hi Saurabh,
H1B Transferred from Company A to B on Regular processing. H1B denied!. My wife is in H1B.
1. Do i need to go to India in order transfer my status to H4 Visa Or can I transfer from US itself?
2. My I94 is valid till Nov’2013 with Company A’s H1B. Can i apply new H1B thru Company C since Company B is not willing to process again!.. Is it possible to apply new H1B thru Company C (not on regular quota) since i have 3 more years left.
jackburlock,
It has been answered here.
Thanks Saurabh, I will follow that thread and i responded to your question also. Thanks for your help.
Hi Saurabh,
I am holding H1B new petition effective oct9,2012 to sep 30,2013.I have few questions . Please advise me on that
1) Will travel to USA for my current Employer in Apr 2013 and have a plan to switch over another company immediately. Is that fine or did I follow through any process like minimum XXX months to be billed for current H1B Visa
2) Can I get extension for my current employer after 2013 Sep and the switch over to other company. What is the best idea?
3) If my current employer process green card for me and If I switch over another company. Did that green card request is still active .
Prema,
1. You can transfer whenever you want. You don’t need to stay w/ the current employer for XXX number of months. Just make sure you maintain your status when in US i.e. get paid as per the LCA.
2. You can do that. Lot of factors determine what’s the better approach – whether you get a better offer from another employer, what’s the chances of extension through current employer vs transfer through another employer
3. Unless your I-140 gets approved, it will be of no use. If I-140 is approved and you have a copy of the approved I-140, then your new employer can file for another GC and port the priority date from first GC.
Hi Saurub,
Thanks for your information.which is very useful.
Thanks for posting this. Very informative. For someone on H1B visa status for 3 years who recently renewed his H1B, what would be required to present in new H1B application (H1B Transfer to new company)? Also, what is the estimated time for receipt of approval? I was recommended to wait until approval in case it was denied, I wouldn’t fall out of status. Thoughts? My H1B visa was approved in 2009 and renewed in 2012. I am now considering job offer from another company and need to tell them when I would be able to join.
Thanks!
Dracon,
From your side, you will need recent paylsips, past W-2s, I-94, current approved 797, passport, degrees, marksheets, experience letters and resume. Other documents are from the employer’s side. Processing can take 2-6 months under regular processing, or 15 calendar days in case of premium processing. If RFE is issued, then it can take longer.
If you really want to play safe then join the company only after the petition gets approved. If you and employer are confident about the approval then you can join soon after USCIS receives the transfer petition.
Hi Saurabh,
Hope you are doing good..
I have a question.I am on L1b VISA.. Let’s say 4 employer had filled H1B for me and all four petition got approved.
Then at what point of time i need to decide then which H1b i need to go with.Let’s say all four had applied COS with H1B then which visa i will get transfered?
Do i have a control on this or the employer or the USCIS??
Regards,
Abhay
Abhay,
What will happen is that you will have H-1 approved w/ COS from all 4 employers. Let’s take some hypothetical dates:
A – COS approved effective Oct 1
B – COS approved effective Oct 1
C – COS approved effective Nov 1
D – COS approved effective Dec 1
Oct 1: You need to start working for A or B
Nov 1: You can continue to work for A or B; or decide to join C
Dec 1: You can continue to work for A or B or C; or decide to join D
Does that clarify?
Hi Saurabh,
For the 1st october case if both A and B had applied COS then my visa will get transfered to whom??
who will ask me or whom shall i tell that i want to join A or B????
I guess for C and D COS will get rejected as my L1 will not exists by that time and again i need to apply for COS.
Please clarify
Regards,
Abhay Kumar
Abhay,
There is nothing like “transferred”. You basically have multiple petitions through different employers and can decide to work for either of them.
Also, C and D will continue to be processed even after A and B get approved in above case.
You don’t need to inform USCIS about your pick. However, you may still want to inform the companies you decided not to join. When you decide to tell them is up to you.
Hi Saurabh,
I am on L1B visa now and have a valid H1B approved on Oct 2011, if I consider to transfer to H1B, what paperwork should be done and how long do I need to wait till I am eligible to work for employer.
Thanks for your response.
Have a great day!
Regards,
David
David,
Most of the documents are same as those required for the first petition. In addition, you will have to submit copy of previously approved 797, your L-1 payslips and your L-1 I-94.
Processing can take 2-6 months under regular processing. As the H-1 transfer needs to be applied w/ COS, you cannot start to work on H-1 until your H-1 gets approved w/ COS.
Hi Saurabh,
Thanks for quick response, but my case should be cap exempt as my H1B was approved on 10/01/2011, may I start to work with the new employer as soon as we have the receipt number, it means the transfer is filed. Do I really need to wait for 2 to 6 months for that approval?
Thanks/David
David,
One can start working for new employer on the basis of receipt only if:
– the case is cap-exempt
– the person’s status in US in H-1
Although you satisfy #1, you don’t satisfy #2 as your current status is L-1. That is why COS is required and you can work only after it gets approved.
Hi Saurabh,
Appreciate your response. My case is somewhat frustrating if I want to stay longer in the US, the end date of the project on L1B is on this May, it is case by case situation, if the assignment is ended up and there is no extension approved, I am expected to return to home country.
One more thing is if another company holding my H1B has withdrawn my case as it has never been activated for a long time. If it is a Yes, may have to reapply it on this Apr but need to find an employer who can sponsor it.
Thanks/David
David,
Even if it has been withdrawn, you can still go for H-1 transfer or cap-exempt route. The employer can file cap-exempt petition for you in PP along w/ COS. If this gets done prior to May, you can switch to H-1 and continue to stay and work beyond May.
Hi Saurabh,
Thanks for your response.
Just have few questions as below:
1. How much time left on my H1B? My H1B was approved on OCt 2011, but I am on L1B now with employer A(arrived in the US on Aug 2012), so, how long will I be able to stay in the US considering L1B plus H1B?
2. whether or not I am now eligible to work for employer B who filed my H1B if I don’t need a transfer, if it is a yes, that will be better because it will save a lot of time.
3. what is the premium process for COS from L1B to H1B?
Have a nice weekend!
Thanks/David
David Jiang,
1. A person can spend at most 6 years inside US on H-1 and L-1 visa. So you can add the months spent inside US (do not include time spent outside US) to know the remaining term.
2. B is the company that filed original H-1 petition, right? They will have to file just the COS from L-1 to H-1 for you to start working, assuming they have not withdrawn the H-1 petition by now. You can start working once COS gets approved. If they have withdrawn the petition, then they need to file a cap-exempt petition along w/ COS.
3. I don’t think PP service is available when filing just the COS. However if it is accompanied w/ a cap-exempt petition (say filed by B or another employer C), then PP can be applied. This PP will be similar to any other PP.
Hi Saurabh,
Thanks for your response. Just a quick question, for example, if I am on H1B and the company submitted the application for GC but I am still on the waiting list, but the H1B having 6 years eligibility will be expired, may I still stay in the US? or have to leave even the GC is in process.
Thanks/David
David Jiang,
GC is a mulit-step process. So if your PERM has been pending for more than 365 days, you are eligible for extension filing for 1 year at a time. If your PERM has been approved, but I-140 has been pending for more than 365 days, then also you are eligible for 1 year extensions. However, if I-140 has been approved but dates are not current for you, then you are eligible for 3 year extensions.
Hi Saurabh,
Thanks for your answer!
Have a nice day!
David
Hello dear Saurabh,
I have question about when I can start working for my new employer. Do I need to get the receipt before working? My employer told me I can work for them once they file the paperwork. I know the USCIS normally takes two weeks to issue the receipt number. Is it ok for me to work after only get the FEDEX OR UPS confirmation nubmer?
Thank you and have a good day.
Sincerely,
Jing
Jing,
I assume this is for H-1 transfer w/ your existing status being H-1. In that case, you can start working for new employer once the petition reaches USCIS.
If your current status is not H-1, then that means petition has been filed w/ COS. In this case, you need to wait for actual H-1 approval w/ COS before starting to work on H-1.
Hi Saurabh,
I am on L1B visa and after extension my location/Client of work got changed from the state i was working and where the extension filed to some different state/client.
Now do i need to do something as i moved to some other client with some other visa?
My parent company is still same.
Thanks for the response
Abhay
Abhay,
In case of L-1 I don’t think anything needs to be changed if the client/location is changed. You can check w/ your attorney to be sure.
Hi Saurabh,
Hope you are doing good.I have a question.Let say i had applied H1B from USA itself and the petiton gets approved and i had started working from October 1st. Now in december i went to INDIA and then in stamping it gets rejected .
Now still i can trasfer the visa to other employer??i will cap exempt or again i need to wait for next April to apply for the visa.
Regards,
Abhay
Abhay,
Yes, you will still be considered cap-exempt and another employer can file H-1 transfer for you on the basis of previously approved petition.