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, I recently came to US from an Indian company and started working on H1B, but I was earning per-diem here in US and get my Indian salary paid. Is there any way to get my H1B transferred to another company?
Im having only Indian paystubs of salary and the per diem also earned in the Indian salary only. Any help on this is highly appreciated.
Hi, I recently been to US and working on H1B, but I was earning per-diem here in US and get my Indian salary. Is there any way to get my H1B transferred to another company?
Im having my paychecks of Indian salary and the per diem also earned in the Indian salary only. Any help on this is highly appreciated.
Hi,
I am currently in India and got my H1 B visa stamped through company A in Oct2013 but as client is delaying my travel my company won’t be sending me to US soon. In meantime I got a offer from company B .
My question is can i transfer my H1 B to company B and do I need an amendment and re stamping gain ? Also if there would be problem in h1 b transfer from company A
Plz Note : I filed my H1 in 2013 in cap and I was on L1 in US till july 2013 (from 2009) and then came back to India in July2013 .
Hi,
I have a H1B visa approved and stamped for company A(I am in India not yet travelled on my H1B to US).
The project which I was supposed to go for has been delayed.
Now, I have another company who is willing to file my H1 visa.
Questions:-
1.)Will I be cap exempt as my current stamping & petition is valid till SEPT 2016.
2.)If the petion filed by the new employer is approved, do I need to go for Stamping again?
Regards,
Raj
Hi guys,
I had an H1B Visa with an employer in the US. I worked there for 2 years but had to leave to my home country due to personal reasons. I’m already looking into options for going back to the US (4 months later). My H1 Visa is expiring in 2015 and I thought it was automatically revoked as I left my employment but now I’m wondering if there’s a way to use the H1 transfer, even though I quit my job? Or do I have to go through the normal application process in April and wait to go over when the window opens in October? Thanks!
Ingvar,
You are eligible for cap-exempt petition and don’t need to go through the cap again in April. Find a new employer and they can file the cap-exempt petition for you using the previously approved petition as reference. This can be done anytime of the year and even after your petition has expired.
Hi,
I hav filed my H1B transfer application on 30th July 2013 at VSC and it is still under review. But today though status is still Initial review but have an update as below:
On January 6, 2014, we transferred your I129, PETITION FOR A NONIMMIGRANT WORKER, to your local USCIS Office for further processing. The new office has jurisdiction over your case and will send you a decision as soon as processing is complete or you will be notified if further information or action is needed. If you move, please use our Change of Address online tool to update your case with your new address.
Is this something to take note off or is it normal as I will be travelling to India for 3 weeks this weeknd?
VSC (Vermont) center has a huge backlog (5+ months) in processing H1B petitions. So, they have moved some of the extension/transfer petitions to CSC (California) center. So the above message should be related to that move. CSC center is currently processing H1B petitions at a very fast rate. so you should get a response from them in a short time.
I have a valid H1B Visa. My current employer not willing to send to USA now because they don’t the projects. I can search job in USA through some consultancy and transfer my H1B visa? Is it legally valid?
I am first traveler to USA.
Thank you
SS
Still waiting rferr on oct 22nd California center any one still waiting reply plz
me too. WAC1314252***. RFERR on Oct 29. What is your receipt number?
Hi,
I have a valid H1B Visa which is expiring this DEC31, 2013, even my H1B petition expires on same date.
My current employer is not willing to send me to US. Do, I have any chance to travel to US if other employer is willing to hire me?
if there is a chance, will it be possible even after my VISA, petition expires…?
srikanth,
you can apply H1B extension for another 3 years if there is an US employer likes to sponsor you, original one expiry does’t make the barrier for you to move to the US, the new employer can file your transfer case and you can go to get the visa stamped with the newly issued I797A.
Thanks/David
Many Thanks David for your response…
Hi
I am having around 7 years of IT experience in DW technologies (Informatica,BO,SQL).
I have been travelled to USA couple of times on my B1/B2 VISA which will be expired in 2018.
In 2009 I have applied H1B VISA and got the I-797 which is valid till 2011 Dec but I never went for stamping. In 2013 CAP I tried to reapply the H1B but the consultant told like iam already having a valid I-797 which can use till 2014 Dec but need to apply for Transfer.
So, he suggested me like travel on B1/B2 and apply transfer after reach to USA.
Pls let me know
Saurabh, hope this finds you doing great. Just got an urgent question for you needing your direction and advice.
As we discussed before, I was working under L1B with company A and have a H1B approved with company B before I was given the L1B. It was on Nov 21 when my H1B transfer was approved with company C(filing company), now company D wants to transfer my H1B from company C to their company, but do I still need to provide the pay stubs from current company C as I am just newly starting with them less than 1 month, hence they wont run pay stubs for me if I want to leave shortly. My question is, 1)do I have to provide the 2 month’s pay checks; 2)the new filing employer may not be able to generate payroll for me, what is your idea? will it work if I provide pay stubs I got from company A which was the employer I was actually working with under L1B?
Do really appreciate your help!
Thanks/David
Hi Saurabh,
Need your help.
I had H1B approved visa petition from october 2013, but now i have switch job. will my petition be transfered after it has been revoked by my previous employer?
Or can i fill out of cap qouta after its been revoked by my previous employer?
Syed – yes you can, keep in mind that H1B quota is only controlled by USCIS instead of any companies! Even it has been withdrawn by the original employer, you can still use it as it is cap exempt case for FY2014. The new employer in the US can transfer your H1B to their company based on documents provided like I797A obtained from previous company.
Thanks/DQJ
Hi, my H1B petition is approved, due to some reason my employer did not send me for visa interview (stamping).
If I switch company and file a H1B petition through another company, will my petition be considered as quota except petition?
Thanks.
ABCD – as your H1B has been approved so it is free of quota of FY 2014, you can get your H1B transferred to another company without submitting 2/3 month’s pay checks as you have never started with original filing company. Once you get the new I797A, you can go to apply the visa stamp. Please also check with the new company’s attorney.
Thanks.
Hello Saurabh,
I work for company A and got my Visa transferred to company B. Company A wants me to give two months notice. Company B has agreed to give me one months time to join.
Company A is advicing me to give one month’s notice in person and the second month notice as remote support after joining company B.
Is this legal? I would be getting two payroll at the second month of my notice period.
Please advice whether this is accepted legally though I will have visas from two companies.
Thanks in advance for your help.
Hi Experts,
Need your expertise to clarify my doubt.
I am currently working for Employer A in USA. I got offer letter from some other company B and they have filed my Transfer in Premium Processing last week. I have few questions regarding that.
1. My existing petition is valid till 31st Dec 2013. So along with transfer, would i get the extension of H1B by default or do we need to apply for extension afterwards.
2. They have filed I-539 for my dependents. Would i get some reciept number for I-539 or it will be part of my H1 transfer? I saw online that for some of the cases they have different reciept number for I-539 and H1B Transfer.
3. Say if i get approval for H1B Transfer tomorrow, i can still work for my current employer and after 30 days or so i can go and join employer B.
4. My current employer is also pushing me to file for extension. In case if they also start the process, would it complicate the scenario. Because petition from Employer B is already filed / approved and employer B also files extension for me. Or it is permissible.
Please advise urgently.
Thanks.
Sonu
Hi, My H1 Petition is approved but it seems my current employer will not give me a chance to work at Onsite (US). In this case, can I find employer in US and ask for H1 Transfer?
Thanks,
Bhavin Shah
Yeah you can.
I am on L1A and want to transfer on H1B visa. Let me know if this needs to be done only through the new quota as this will be a fresh H1B? Also would I have to leave the country to get my visa stamped if I am already on the country – US – once my H1B petition is approved from another company? Also does the number of years I have spent on US on L1A reduce the number of years I can be on H1B in US? Example – If I have already been in the US on L1A for 2 years,Can I stay on H1B for 6 years the permissible period Or it is reduced to 4 years only?
Thank you.
Hi,
Currently i am in H4 visa. This year i have applied for H1b ( 2014 auto) and it got approved but Change Of Status was denied since i was out of country during the approval time. Now i am back to U.S and asking my employer to file COS but she wants to file H1b premium processing with cap exempt, is it possible before or after October without pay stubs?
Hi Saurabh,
I had a query. I am based out of India and have never travelled to US. Company A had filed an H1B petition for me this year. The petition is in approved state. However I have quit Company A and now working for company B (based in India). My question is:
1) can company B use the approved petition in any way for filing my H1B?
2) can a company C based in US use this approved petition if it wants to offer me an employment directly in the US?
PS: No stamping has happened and neither do I have any petition documents. I only have the petition file number.
Regards,
Desai
Hi Saurabh, please respond. Eagerly waiting for your reply.
Why are you wasting your time waiting for Saurabh to reply. Have you seen Saurabh replying to anybody below? If you are lucky, he will reply after many weeks.
As far as your query goes, you need to have approval documents to use your H1B with new employer. Why were you so desperate to move if your H1B was in process…you could have used it with Company A and then moved on or joined an employer who was ready to transfer H1B.
Anyway, ask new employer if they can do someting with your petition number.
Hi Saurabh,
I was employed with company A till last month, after which I have joined Company B (both in India). Company A had filed an H1B petition this year which is in approved state now. Now my question is, though I have already left company A:
1) Can company B file use the petition filed in any ways?
2) Can a company in US willing to offer me employment use my approved petition (filed by company A) in any ways?
I have applied for H1 this year(April 2013) through a consultancy XXX which is now stuck in RFE and I am not sure of the consultancy responding to it correctly. I am currently in India and this is the first time I am applying for H1 visa. So now can I file H1 through some other consultancy under cap exempt quota or should I wait for the decision on the initial H1 and then apply?
Hi,
I am currently on H4. My H1B was filed and approved in April 2013 by employer A. My H1B starts 1st OCT 2013 and is valid for 3 years. Now he is threatening me to sign a contract of 3 years and is not giving me I797. He is not disclosing which project/client I would be working with. He is not provided me with any offer letter or so. There was only a mail that states salary /year.
I only have my receipt number. With the receipt number, I approached another employer B. They are going to do premium processing and file my LCA soon. If the H1B transfer gets approved before 30th september 2013, I don’t have a problem.
But if the H1B is getting approved after Oct 1st, USCIS might ask for pay stubs from employer A to prove my status in USA. I am pretty sure that Employer A is not going to provide me with any such details. Also, he will put me in some project only if I sign the agreement. What should I do? Please advise
Hi,
I have similar problem except transfer is not yet initiated. Does you employer confirmed that your new petition filing with only Receipt number ? I wanted to do transfer but many ppl are suggesting does not work with only receipt number ?
I thinks if new petition is filed and you get the receipt number before Oct 1st , you won’t be OOO and u can start work on basis of new # ( H1B-Portability , no approval needed to start work with new employer ) .
My only concern for my case is that is it okay to file only with receipt # before Oct 1st 2013.
Even I heard several rumors. I was fed up. But the employer B’s attorney, clearly stated that it is possible with receipt number as they can track it internally. So it depends upon what the attorney of the company you approach has to say. When you speak with the HR’s they will not know. You need to specifically tell them to convey the same to their company’s attorney.
Hi Saurabh,
1. Can I apply for 2 company to process my h1b transfer? The will file the petition individually.
2. My first petition with company A is revoked but stamping is till 30NOV2014. So can I fly to US with that stamping(after approval of petition from company B or C)?
Thanks,
Joy
Hi Saurabh,
My h1b visa starts from oct 1st 2013. I have a copy of my h1b approval notice and i94 copy too.I am supposed to stat working with my employer A starting oct 1st. However I am about to get a job with employer B and they want to transfer my h1b to them. Would it be possible.The original h1b approval notice is lying with my employerA and they have not given it to me. Would it be possible for me to transfer my h1b to my new employer B.
Hi Saurabh,
I got my fresh H1B approval this year but due to some circumstances I think I am not able to join my job in Oct 1st 2013.
I would like to know how long my H1B petition will be active if I cant join in Oct 1st 2013 ?
Is it true if I cant join in Oct my H1B visa will be cancelled immediately?
Thanks
SR
I am on H4 in US ,and H1B is filed for this year.
H1 was filed before, I entered US on H4 and it is under RFE Status.
1.Can it be transferred to new employer once I get the approval before or after October 1 only with receipt number approval.
2.Do we need payslip to transfer,I do not have as I was on leave from my current employer.
3.Should I go back to India and stay for 3 months to get 3 payslips.
4.Can I go back to India and still come back on H4(valid till Oct 2014) even if H1B is approved.
5.If I get my Visa Stamped with existing employer,can I then also transfer my visa to new employer.
Hello Saurabh,
I got my H1B stamped last year, but not traveled yet to the US and hence do Not have any US pay slips and I-94. Now I have an offer with another MNC in India (they have offices in US as well) and I would join them by mid of this month. They have agreed to transfer my Visa, but I would like to know whether the transfer should be initiated before joining them or would it be OK to start that after joining.
Regards,
Anoop
i am working for indian mnc on h1b came here on april-2013, now i am looking for options
like working for desi consulting having around 500+ employes they said they will do h1b as
fulltime and i want to do gc also with them , i am having family , will it be safe to do consulting with out any visa stamping issues or should i stay with full time with my current company.
my h1b is having 5.5 years more and my current visa expires on nov-2013, should i try after my extenision with current employer i approved or can i proceed further.
Hi saurabh,
I am in a tricky situation right now. I am on opt extension and it expires on Feb 2014. I used to work for company A and, company A applied H1 petition for me and it got approved for 3 years. But I got fired from comany A and that company revoked my H1 petition (before start date).
question1 : what happens to my opt expiration ? it will expires by oct 1 or valid till feb 14 ?
question 2 : Do i need to apply for change of status if did’t get h1 approval from company B before oct 1 ?
Thanks.
Hi Saurabh,
Recently I got my fresh H1b approved petition copy from my current employer ‘A’ and I am planning to transfer it to another company ‘B’. Currently I am on H4 and will be eligible to work from Oct 1st 2013. I got a job offer at Bank client that I can join only through company B and start work from Oct 1st. So my questions are:
1. Can I file for transfer right now from company A to B(i.e before Oct 1st 2013)?
2. If I go for transfer right away, would I be in good shape to join the offered project from Oct 1st 2013?
3. Can I go for PP for transfer? Does PP also takes 4-6 weeks?
4. What are the pros and cons of PP and regular transfer filling and that too prior to Oct 1st?
OR
1. Should I file for transfer on Oct 2nd 2013 when my H1b status is active?
2. If yes, then would I be able to join the job from Oct 3rd 2013 through company B?
3. How transfer works? Can I start working for company B from the day USCIS receives the transfer petition from FEDEX?
What all hassles are involved in both the scenarios and what would be best option without losing the job offer. Please advice.
Thank You.
Hi, My employer A has started my H1B visa processing. Now i have got the approved visa petition soft copy. But i am planning to change the job with employer B…so i have 2 questions as below; If i want to go on H1B visa now… 1. Is it possible to transfer the H1B visa approved petition from employer A to employer B? 2. If employer A cancels the petition…how can i get H1B ? What can be done in this case please suggest. Thanks.
Hello My h1b is in process. I mean its in initial review and i am planning to withdraw my h1b and join Graduate college. The reason i am planning to withdraw is that i do not have a job. I just wanted to know that is it better to withdraw h1b before its approved or after. Moreover, if i withdraw it before its approved, will i loose the chance to file h1b next time. I heard that we can apply for h1b only twice. so that means if i withdraw my h1b now will i only get one chance to apply for h1b again.
Regards,
Guna,
If withdrew before approval, you will be like someone who hasn’t applied H-1 at all. So you will have to go through cap/lottery again.
If it is approved and then not used (doesn’t matter if it is withdrawn or not), you can use it in future for cap-exempt purpose. This means, another employer can file H-1 for you anytime of the year and not subject to April filing and Oct employment start date.
Dear Members,
I m from India.Currently this year(2013) i got a job offer from a US company.They applied for my H1b,it got approved.I m done with my Visa stamping as well,Got 3 years visa starting 1st Oct 2013 till 2016.
Now my US company withdrew my Offer as well as my H1B,even before i could travel to US.
Now let assume if i get a new job with another US company and if they are ready to transfer my H1B.
Since I dont have Pay Stubs with the US company.Will it create any problem with my transfer?
Most of the sites states,Pay Stubs is essential.
I have all the documents of my last petition.
Waiting for your reply.
Thanks and Regards,
Fabian
Fabian,
They can file the transfer while you are in India. Payslips are not required as you have never been to US on H-1.
Fab – many guys were misleading withe the below statement, but you are good to go without pay stubs, because you have never started with them. Even the H1B was withdrawn, it still can be used to transfer you to company B because there is any company who has the right to control your H1B petition. Company B can still use your I-797 obtained from company A for filing your case, you are 100% sure on H1B quota cap exempt for FY2014! Onceyou get a new I797, use the original and I-129 for visa stamp and bring them of them at the entry of US, the US customs official will check the copy of 1129 and stamp on it. Keep passport, I129 and I797 handy when passing the US customs.
“Most of the sites states,Pay Stubs is essential.”
Thanks/DQJ
Hi Saurabh,
I am working for company ‘A’ and my visa is valid till Sep 2013. Company ‘A’ has applied for an extension but unfortunately there is an RFE , they are working on it. It may take another few weeks or months to hear on the decision. I understand that I can continue to stay in the US and work for Company ‘A’ for about 240 days or before the decision comes (whichever is earlier) based on the receipt. As I do not want to take any risk of getting rejection for the extension, my question now is, if i even don’t get any response after Sep 2013, can I still apply for another company ‘B’ after Sep 2013 while decision on the extension from company ‘A’ is still pending? Please suggest. Thanks in advance for your response.
Regards,
Ramya
Ramya,
B needs to file their petition before your current I-94 expiration date if you want it to be independent of A’s decision.
Saurabh – I’ve similar Q. My I94 expired on 24th may, the H1B extension request by my employer is still in Initial review and I’ve got an offer from employer B.
1. Now can B file for my H1B petition while the A’s result has not come out?
2. If B can file, will it affect the result of petition files by A (especially chances of getting a rejection and it affecting my legal status in US)
3. What if the A’s result comes out as approved, will B still needs to file for new petition?
Hello.
i have a question. My H1b is still in innitial review and i want to withdraw my H1b. It is good to withdraw H1b before approval or after? Will it create trouble if i applied for H1b next time i apply?
Please clear my doubt.
Guna,
It can be withdrawn either time. Your employer will lose all the money when it is withdrawn. If withdrawn after the approval, you can still use it for cap-exempt purpose in future and not go through cap/quota/lottery again.
Hi
I have question regarding H1 B trasnfer. I have MS and BS Degree in Mechanical Engineer and have valid H1B visa in IT field as a Business Analyst. Just want to know if future If I want to move to Mechanical Engineer job Can new employer file H1b transfer or I have to go with new H1 process as both job titles are Totally different?
If transfer is possible would you think I can face any probem during trasfer of H1.?
Thanks in Advance
Falljob,
It will still be a cap-exempt petition (i.e. H-1 transfer). As long as you are qualified for the new position, this change in role should be fine. Still, your new attorney can look at the detailed case and advice.
Hello.
I Graduated from an American University in december 2012 and after graduation i joined an indian consultancy to find a job.. They filed my H1B and it is still in Initial Review status. i believe that once it gets approved i have to start working from october 1. However, i want to change consultancy and transfer my h1b to different consultancy before october. This is the first time i am applying for h1b. Can i transfer my H1B to different consultancy before october after it gets approved? Do i have to show any paystub as i have not worked any where and this is the first time i am applying H1B.
Thank you
Guna,
Yes, a new employer can file a cap-exempt petition for you once the 1st petition has been approved. This can be filed even prior to Oct 1.
You are on OPT, correct? So if filed before Oct, you need to submit OPT payslips to show that you are maintaining legal status. If filed after Oct, you will need 3 most recent payslips which can be combination of OPT and H-1 depending upon when it is filed.
Hi Saurabh
I need your help with my h1b transfer case. I currently work with employer A. Have I 94 valid till march 2015. Recently I got an offer from company B. They applied for h1b transfer and the petion got approved till may 2014. However, things did not work out well, so I did not join them. I did not resign from company A and continuing with them. Today when I went to DMV office for license renewal, got to know that my i94 is showing validity till may 2014 instead of march 2015 (i94 number being same). My questions are
1. What will happen when company B withdraws my h1b petition?
2. Will there be any problem with my current employment?
3. Will the i94 date change back to mar 2015 upon h1b withdrawl by company B?
4. How much time does h1b withdrawl take?
5. Do I need to inform my current employer about this scenario or am I doing fine?
Looking forward for your opinion.
Thanks
Lily
Lily,
1. You can continue to stay and work on the basis of A’s petition and I-94
2. No
3. I am not sure about this
4. 1-2 months
5. It is better to consult an attorney to know the legal implications. A doesn’t know about B, so they may not be the best people to approach.
Saurabh
Many thanks for your reply. By your opinion in point 1, do you say that the i94 from A’s petition is still valid till the date mentioned in it?
Thanks
Lily
Lily,
Yes, it is. When H-1 transfer is approved, you are not required to join B. You could have continued to work for A and never joined B at all. By that logic, A’s petition and I-94 are still valid until A revokes the same.
Saurabh
Thanks for your reply 🙂
Hi Saurabh – How are you doing ?
I have an approved petition & Visa from an Indian company A. Now I want to transfer to US consultancy. I have never traveled to US earlier. Staying at India, can I switch to a US consultancy ? If they file a Out-of-Cap premium H1 and get it approved then do I have to appear for Visa Interview again, even tho I have another 2yrs if visa validity from d company A’s petition ? I’m afraid of Interview, coz earlier I was put on a 221g hold of 5 months.
Thanks for ur expert advices as usual. 🙂 You Rock when it comes to H1 & GC
Saurabh, pls help ?! 🙂
Mohd Khan,
They can file for a cap-exempt petition for you using the previously approved petition even if you have not traveled to US. You are not required to appear for stamping if the previous stamp is still valid and has not been canceled. Still some employers prefer you to reappear for stamping as they want the visa in their name.
Hi,
I am currently on H4 and my H1 (cos) has been approved couple of weeks back.
My H1 was sponsored by Company A. Is it possible to get my H1 transfered to company B before Oct 1st and start working for Comp B or do I have to work for Company A for couple of months and initiate the transfer. Please advice..
thanks,
Vad
Vad,
B can file a cap-exempt petition w/ COS for you now using A’s petition as reference. You can then work for B from Oct 1 and not join A at all. B’s attorney can confirm this.
Joy
1. i am on H1B visa. My employer has revoked the petition. So what are the options for me to go back to US
2. What is visa cancellation. Does it mean it is crossed on passport?
Thanks,
Joy
Saurabh, Plese rely to above mail.
Thanks,
Joy
Robert/Joy,
1. Was your petition approved? If yes, then another employer can file a cap-exempt petition for you using the old approved petition as reference. You will need copy of old approval notice or at least the receipt number.
2. Visa cancelation refers to cancelation of the visa stamp in the passport. Yes, it is crossed out by the consulate. Even after this has happened, you can do #1. You will have to re-appear for visa stamping after your new petition has been approved.
Saurabh,
1. I am still confused about the visa cancellation. How come the consulate crossed the visa. Is it electronic visa cancellation or crossed on visa physically.
2. I have stamped visa till 10NOV14and no cross there. Why will I meet the consulate.
3. I am transferring the visa from India so do I need to go for stamping again?
Thanks
-Joy
My petition is revoked.
Hello Saurabh,
I am in a situation as below:
Currently I had an H1B extension with Wipro at onsite which was valid till 31-AUG-2013.
I had processed extension of my Visa further which was also approved for 01-SEP-2013 till 12-OCT-2015.
I travelled india on 05-JUL-2013 and went for Stamping on 12-Jul-2013. The Consulate approved my Visa as below.
1) They have not considered the current petition which is valid till 31-AUG-2013 and considered the one that was valid from 01-SEP-2013.
AS a result, they have clearly mentioned below data in Visa:
1) Issue Date: 12-JUL-2013,
2) Annotation: ” Not Valid until 23-AUG-2013″
Problem: I have a return ticket on 08-AUG-3013 and I am not sure when I can travel?
My Queries
==========
1) Can the dates in the Visa be Corrected by any means?
2) If Yes, Can it be done just by sending the related documents to Visa office or I have to reappear through appointment once again?
2) If correction is not possible, Is 23-AUG-2013 correct date in which I can Travel. this I am asking because by petition start date was from 01-SEP-2013.
Your help is deeply appreciated.
Thanks,
Sanjay Nath Jha
Sanjay Nath Jha,
What about validity of your old visa stamp?
Hi Saurabh,
I need your guidance for my situation. Please help me out.
I used to work for company A in India. A applied H1B for me and then I worked for them for 5 months in US and then came back to India. After coming back to India, I left A and joined company B in Nov 2012 in India.
Company B transferred my H1B, but they are not able to send me to US immediately, so I was again looking for a new company which can transfer my H1B and send me to US.
I got one such consultancy C which is ready to do that. I have 3 questions for you:
1. After my visa gets transferred successfully by C, can I continue to work with B and go to US for B without joining C.
2. What happens in the case when the transfer petition gets approved, but If I get stuck in the visa interview at consulate for re-stamping. Will the B’s visa still be valid? ( I know re-stamping in not required and I can use B’s stamp for travel, but C wants to get there own visa stamp for me)
3. Also, C said that they wont be able to pay me salary in US, until they get a Client for me and so I may not be getting paid initially for around 2 months in US. Will that create any legal issue regarding my H1 status immediately or will it impact my future prospects of transferring H1 to some new employer later on.
Your response in this regard will be greatly appreciated.
Thanks,
Rohit
Rohit Gupta,
1. Yes. See the H-1 is not really “transferred”. C will have to file their own cap-exempt petition for you and once approved, you will have 2 petitions – from B and C. You can decide to work for either company in US.
2. If C’s visa stamping runs into issues, then it will not impact B’s petition. However, they may cancel B’s visa stamp when approving C’s visa stamp.
3. Yes, this is an issue. On H-1, you always need to get paid in order to maintain status. If you don’t get paid for 2 months, then you will not be maintaining legal status and this can impact future immigration applications filed on your behalf (H-1 or GC).
Saurabh,
1. I am working woth employer A and employer B is transferring my visa. After approval of visa transfer from employer B can I still work with employer A if employer A agrees to extend contract.
2. Or I have a option to work with any of them
3. If I get RFE, do I need to go back to India
Thanks,
Robert
Robert,
1, 2. You can continue working for A or B even after B’s petition gets approved
2. If B’s petition hits RFE, you can continue to work for A if that employment has not ended. If B’s petition gets denied, you can still work for A as it will not impact A’s approved petition.
Saurabh,
I have stamped h1B visa till Nov 2014. I cam to India on 2nd April and till date (3 months)I am in India. My employer has cancelled the visa. Employer says we can reconsider. So what would be the process of that. Please explain.
Regards,
Joy
Joy,
When they say canceled the visa, are they referring to the petition or the visa stamp? The latter is not canceled unless marked canceled against it. If they have canceled the petition, then they need to file a cap-exempt petition for you. Once approved, you can travel using that new petition and current visa stamp (if it has not been canceled).
I have a question regarding the H1B visa. One of my friends is in a weird situation and i’m trying to help him (I am on H1b myself but never had this type of problem). So, he came as a student here years ago, finished college in the US last year, worked for an year(he said he is allowed to work here legally for one year after finishing his studies, after that one year he needs an H1b). this year the company applied for an H1B for him and he was lucky enough to pass the lottery. But now there are problems. Something is going on in this company and they might no longer need him. What are his options right now?? His employment under the H1b should start in Oct…but that might not happen. My questions are: 1. If he loses his job before October, and he finds another company willing to employ him, can this H1b be transferable? 2. From my understanding, if he loses the job, he only has 60 days of being legal in the US. Can he do an adjustment of status without being employed, so he can stay here legally till the start of his Masters in January (2014) and not leave the country?
maria070283,
If he is on OPT, then he can find another employment on OPT. If he is eligible for OPT extension, he can go for the same through same or different employer (but should be e-verified).
If his current H-1 gets approved (even though company doesn’t need him they can let the petition to process). Once approved, another employer can file a cap-exempt petition for him and he can work for that new employer.
No dates have been mentioned in your post, so it is not possible to provide a more concrete answer. He can consult an attorney as well w/ exact details about his case.
Any updates on WAC 143 Series?
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
Devendra,
Yes, you can. The new employer will have to file a cap-exempt petition for you (aka H-1 transfer) along w/ COS from L-1 to H-1. Once approved, you can start working for new employer on H-1.
Hello Saurabh,
Hope you are doing great!
Just a qq, if I just transferred to company B from A on Jul, may I be able to transfer to company C on Aug if C provides me an offer letter?
Thanks a lot!
David
David,
Yes, that can be done as long as you have been maintaining valid H-1 status i.e. getting paid regularly.
Hi Saurabh,
Appreciate your immediate response, but you know if company B filed my H1B transfer this month and probably I won’t be paid by this company immediately because I am a W2 employee, that is to say, these is no project I am selected that soon, no payroll for me. So, most likely I won’t be paid but on just next month company C will be able to file my H1B transfer and they can fund a project which I can work with after I join in this company. They want to transfer me from company B to their company, it is also my preferred company I would like to work with, but what shall I do if I cannot provide the last 2/3 months’ pay stubs processed by B (newly transferred from A)?
Appreciate your great help!
Thanks/David
David,
When H-1 transfer is filed, you need to show that you are in legal status. Let’s say it is received by USCIS on July 17, then you need to show payslips from May, June and first half of July (if you are paid bi-weekly). These can be in combination of A and B and doesn’t need to necessarily be from B. So it is ok not to have all 3 payslips from B.
Depending upon when the H-1 transfer is filed by C, you will have to see whether you are maintaining status or not. Talk to C’s attorney and let them know about this. They should be able to guide you on the timing as C also need to wait for you to start the employment.
Hi Saurabh,
Thanks a lot for the guidance, lets say Jul 17, if my H1B transfer was approved on Jul 17 filed by B, but I am not done with the current project managed by A, upon the date of H1B transfer approved, I need to give one month long to A as notification period, so will continue to work for A (sponsored L1B for me) till end of Aug, is that okay if I just submit the pay stubs obtaining from A for C’s filing?
Can you see any risks from my case? It seems to me too complicated and really don’t know how to handle this case. Even cannot tell A I am leaving because I can continue to work for A if COS from L1B to H1b cannot be approved due to some reasons, just in case.
Thanks a lot!
Regards/David
David,
Once B’s petition is approved w/ COS, you are considered on H-1 status. You need to submit H-1 payslips from that day on and not L-1.
Hello Saurabh,
I got my H1B stamped last year, but not traveled yet to the US and hence do Not have any US pay slips and I-94. Now I have an offer with another MNC in India (they have offices in US as well). What I have is the I-797B and visa stamp 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. Could you please give a response as early as possible
Regards,
Anoop
Anoop,
As you have never been to US, it should be fine to initiate cap-exempt petition (aka H-1 transfer) w/ 797B. If the previous stamp has not expired, then you don’t need to appear for visa stamping again. However, confirm this w/ your new attorney as well.
Hi Saurabh,
I was working for employer X.I applied for an H1 transfer to employer Y.I started to work for employer Y as soon as I got the receipt number.Now i have changed my mind and wish to work for employer X again.Can I do so?The petition for employer Y is not yet approved.I should know the status for it in a couple of days.Please help.Thanks for your response.
Hi To add , i also submitted the I9 form for employer Y
S,
If X is willing to hire you back and have not revoked/withdrawn their petition, then you can join them. You may make Y angry w/ this action.
Thanks Saurabh for your reply.The petition with employer Y got approved today and employer X doesnt know about my new employer.The payroll with employer Y ran for 15 days.Can I still join employer X without any problem in future like Green card?
S,
Yes, it should be fine to join back X. It should not cause an issue as you did maintain legal status all along i.e. had a timely filed petition from Y and got paid for the period. You can solicit more help online from other forums just to be sure, or talk to an attorney.