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,
I have a valid H1B Visa with Company A (petition, Visa) dated from Mar-2015 to June-2017. But I haven’t get a chance/opportunity to travel USA and I got an offer from Company B which is again at offshore location in India.
I have decided to join in Company B but have some questions in my mind. Please address my queries.
i. Is there any chance to Cancel or Revoke my H1B by Company A.
ii. If they Cancel or Revoke, does it mean I lose the H1B advantage completely or Is there any alternative?
iii. Suppose, After joining and transferring my H1B Visa to Company B and If incase I don’t get a chance to travel USA through Company B by June-2017. Will it be extended further (After June-2017)?
iv. If extended, Can I stay in USA for maximum limit of 6 years as per H1B cap stay duration? or Will it affect my H1B cap stay duration in USA?
Regards,
Naveen
Naveen,
1. A can withdraw the petition. The visa stamp will be canceled only if consulate physically marks the same in your passport.
2. Even after petition has been withdrawn, another employer can use it for cap-exempt purpose.
3. Yes, any employer can file cap-exempt petition for you within 6 years of original approval date.
4. Your 6 year clock would count only the time spent inside US. So you are not losing out on time by staying outside of US. Whenever future employer(s) file petitions for you, they would be able to capture all this time.
Hi Saurabh,
I have a valid H1 B (expiring in Aug 2018) petition from my Current employer A in India. Looks like my employer A is not planning for my travel to USA in next 6 months. I approached a consultancy B and they are ready for my transfer. Also, previously I stayed in USA for 4 yrs on L1B with employer C( my last exit from usa- dec- 2011).
Here are my questions
1. What are the steps involved in my h1 B transfer( also, I have only my h1 B receipt number) ?
2. Is it possible to apply for h1 B transfer without informing to my current employer A.?
3.can my current employer a will be able to revoke my petition?
4. How much time it takes for h1 B transfer?
5. Plz let me know if any other complexities involved in this process?
Sreenivas,
1. B needs to file cap-exempt petition for you. They would need documents similar to what you submitted to A. Additional docs required include copy of the H-1B receipt number, print out of online status showing the petition as approved.
2. Yes. USCIS have the information in their system. So it can be done with just the receipt number
3. Yes, current employer can withdraw their petition; but it won’t impact the transfer
4. Normal processing is 2-6 months but PP option is available
5. Nothing unusual. Complexities involved are similar to a new petition filing
Could you please let me know the difference between H1B transfer and Cap-exempt?
Naveen,
Cap-subject: When the person has not been counted in cap previously, their petition is called cap-subject. These petitions can be filed only when cap is open (typically April)
Cap-exempt: When the person has previously been counted in cap, a subsequent petition is call cap-exempt. This new petition can either be H-1 transfer (when filed by a different employer) or H-1 extension (when filed by the same employer).
Makes sense?
Thank you
Thanks…
I have some confusion in 3rd point. Please clarify.
As my H1B picked in 2014, if I don’t travel to USA, does it mean it should be extended within first 6 years. i.e., 2020?
Naveen,
Yes, if H-1 was approved in 2014 to become effective from Oct 1, 2014 then cap-exempt petition can be filed until Sep 30, 2020.
Hi,
I am in India and got my Visa stamping done from US consultancy ‘A’ but there is no opening in ‘A’ currently and I got offer from company ‘B’ in India. What will happen if:
1. Company ‘B’ is ready to transfer H1B, during the transfer period if I get call for joining from company ‘A’ in USA can I join that company during transfer ?
2. Once my transfer will be done to company ‘B’ then can I join company ‘A’ , will the company ‘A’ H1 will be still valid ?
Regards,
VK
Vivek,
Legally, there is nothing call H-1 transfer. What B will be doing is filing a cap-exempt petition for you. Even after B’s petition is approved, A’s petition will remain perfectly valid until A withdraws it or it expires. In other words, you can pick either A or B’s petition anytime during the process.
1. Yes, you can move to A while B’s petition is in progress
2. Yes, you can move to A while B’s petition has been approved
Once you use a petition to enter US, you will have to work for that employer.
Hi Saurabh,
I am having valid H1B visa (NOV2015-SEPT2016) from company A. but unfortunately requirement is cancelled in my project.If Suppose if i got offer form another company B.
1. Is it possible to transfer to company B? if yes how many days will take to transfer? again need to go visa interview?
2. if suppose got a offer from company B after visa is expires, then how many days will take to transfer? again need to go visa interview?
3. How much amount, need to pay for transfer?
Thanks.
Divya,
1. Yes, possible. Normal processing is 2-6 months while PP option is 15 calendar days, not including RFE time. No new visa stamping is required as long as previous visa has not expired.
2. Same reply as (1)
3. You don’t have to pay anything. The fees need to be paid by H-1 employer just like your initial petition.
I have got my H1B Approved from Company A in October 2014,I worked with them till March 2015.I transferred to Company B In April and worked with them till August 2015.Company A did not revoke my I797 and its valid till 2017.
Now my question is Should “To come back and work with Company A,Should I file a transfer again from Company B To Company A Or can I come back to their Company A payroll without Transfer?”
SAI,
Did you leave US anytime after leaving A? In other words, is the I-94 endorsed w/ A’s name still valid or has it expired or become invalid due to travel outside US?
Yes I left to India and my Visa is stamped on Company B.
Sai,
In that case you cannot join A seamlessly. You need to have an I-94 with their name endorsed on it. You have two options:
1. Leave US and return on A’s approved petition. Old petition can be used if it is still valid and not expired
2. A files a cap-exempt petition (aka H-1 transfer) for you, and you join them.
Depending upon when A’s current petition, (2) may be better option as it gives you an extended 797 and I-94. In (1), you will receive I-94 only until A’s current 797 and may require an extension to be filed soon.
Makes sense?
Balu,
Yes, you should move to H-1 employer ASAP. Once you have stayed them for a while to get the necessary payslips and show H-1 status, you can move to another employer, if needed. You should let your H-1 employer’s attorney know about this.
I came to US (Feb 2015) on L1b for Company A, got H1b approved with Company B on Nov 2015, but I am yet to resign from Company A and still working with Company A paystub only, Now Can I transfer my H1b to Company C from Company B with No pay stub or joining them , but have Company A ( pay stub).
Balu,
Do you know if your H-1 was approved w/ COS or w/o it? Does the H-1 approval notice have an I-94 attached to the bottom of it?
Yes Saurabh.
My H1b is approved with COS and has I94 for 3 years approved..
Balu,
You should not be working on L-1 anymore if your H-1 was approved w/ COS. You are currently on H-1 and staying w/ L-1 employer is putting your immigration status is jeopardy. I assume your L-1 employer doesn’t know about the approved H-1 petition.
If you want to work on L-1, then leave US ASAP and re-enter on stamped L-1 visa. If you want to work on H-1 for a different employer, then immediately contact an attorney as you are currently out of status. For H-1 transfer, you need to prove your current H-1 status, which you are not maintaining.
Thanks for the update.
Let me plan to move to h1b Company in next one week, I believe once I make this move it should fine with h1b status .
Further do I need to contact attorney to fix for past period ? For COS.
Hi,
Please help:
1. I have my approved visa transfer to Company B.
2. Company A wanted to terminate my employment and revoke my visa on the same day Dec 18, 2015.
3. I am schedule to take a vacation (country of origin) on the 19th of Dec 2015 before starting Company B.
4. Schedule to go back to US on the 28th of December 2015.
What are the possible problem with immigration?
Thank you.
Hi,
I am in a similar situation. Please help.
Thank you !
Hi,
I am working for a Company A in India and got a job in US for a Company B and my H1 petition got approved and also Visa stamping done in India. Visa is valid till Aug 2017, However I didn’t get an opportunity to travel to US on the existing and valid H1B. Now I have got offer from Company C and also they applied for H1 transfer and it got approved. I am still in India working for Company A. Now my query is:
1) Do I need to go for stamping once again ? ( I already hold a visa stamp of Company B which is valid till Aug 2017)
Kiran,
As long as the previous visa stamp is still valid and has not expired, you can use it for travel along w/ newly approved petition. However, some employers prefer to have the visa stamp in their own name. Check w/ your employer/attorney about it.
Thank you so much Saurabh for the reply, Feeling relieved. Is there any official website where we can ourselves take the opinion of the embassy and carry the print out of the same based on their revert.
Kiran,
Please read this:
http://www.state.gov/documents/organization/87226.pdf
9 FAM 41.53 N8.4-3 Validity of H-1B When There is a Change of Employer
(CT:VISA-1406; 03-11-2010)
After changing H-1B employers in accordance with DHS procedures for making such a change, an H-1B visa holder may continue to use his or her original H-1B visa for entry into the United States. Upon applying for entry, the visa holder must present the new Form I-797, Notice of Action, evidencing the approval of the change of employer in addition to the visa.
Hi,
I got I-797B few weeks ago but still I have not done my visa stamping. I have few queries if you can help me in resolve :
1. Where exactly I can see my employment start date ? I have seen one start and end date in LCA form which submitted by my employer but that start date is already gone.
2. Is there any problem am I going to face if I will go for visa interview somewhere around 1st week of Jan-2016 and possible travel date around 15-Mar even my employment start date already passed ?
3. There is a small spelling mistake in my surname in all the documents provide by my employer (i.e. offer letter, client letter) but that spelling is very much correct in all the USCIS documents like I-797B, Form 129, LCA and other documents. Is there any issue I am going to face during visa stamping or entering into US due to that small spelling mistake in my employer documents ?
Pls help me in above queries. Thanks in advance.
Thanks
kbus,
1. Your 797 will have H-1 start and end date.
2. It should be ok. Make sure you have recent documents like employment offer letter.
3. It should be ok, but if he can then employer should provide an offer letter w/ correct spelling. It was also make it more recent.
HI,
I have got the H1b Stamping done for me on Nov17th 2015, Can i apply for H1b Transfer, sitting in india? How much time does it take to for H1b Transfer? to transfer H1b do i need paystubs from the current employer? for how many days pay stubs are generated(i mean on bi weekly basis or on monthly basis?)
Regards,
Kiran
Regards,
Kiran
yes you can but you would come under a cap exempt instead of a transfer
i can assist if required.
Thanks
coolmroy
gmail
kiran MV,
Another employer can file a cap-exempt petition for you. As you have never been to US, you don’t need any US paystubs. In US, some employers generate pay monthly; others pay b-monthly. Depending upon that arrangement, you will have the frequency of payslip generation.
I am in India. I received my H1B approval on 5 October 2015. Now my employer is not letting me go for stamping. This is my first H1B, approved only for one year (5 Oct 2015 – 5 Oct 2016). I am going through some interviews with other US employers (Big 4). If I get an offer, can they transfer my H1B although I didn’t go for stamping and never been in US?
Uttam,
Another employer can file a cap-exempt petition for you using the current approved petition.
Hi Admin,
I have a valid stamped US H1B visa and H4 visa (for dependent) stamped from a desi consultancy. This visa is valid till 6/2018. Now my current company wants is not letting me go and wants to initiate a H1 transfer. I’m OK with this opportunity. My questions are :
1. Will the consultancy know that my company has initiated transfer if I don’t tell them?
2. What can the consultancy do if they come to know? How will it affect my visa status?
3. What will happen incase my company’s H1 transfer request gets rejected? Can they re apply?
Appreciate your help in this regard.
Giri,
I have responded to this in the Q&A forum.
Hi Saurabh
Thank you. Can you please provide me a link to the answer in Q&A forum. I couldn’t find it.
Giri,
1. No consultancy will not know about it
2. They can send your petition to USCIS for withdrawal. However, your current employer can still go ahead w/ cap-exempt petition.
3. Your current employer can reapply if it is denied. It won’t impact the already approved petition.
Thank you Saurabh. One last clarification :
1. What are the chances that the new Cap exempt petition filed by USICS will be accepted/rejected if my current employer does PP? Are such petitions viewed with scrutiny or tend to get rejected?
2. Will I have to go for stamping again if my new cap exempt petition is approved?
Giri,
1. Applying w/ PP doesn’t improve or hamper chances of approval.
2. If the old visa stamp is still valid and has not expired, then you can still use that along w/ new employer’s petition.
Thank you very much Saurabh!! Appreciate your advice.
Hello, I am in a tricky situation. Please advice someone ASAP.
I have approved petition and valid I-94 till Nov-23 2015 with company A. And company A filed for an extinction on Jun-22 2015. It is still in pending status. eagerly waiting for the status.
Now the situation is, company A project is completed and asking me to go back to India (its is force).
Questions:
1. Can i switch to company B now? (I have offer from company B). Company B is ready to file a petition now once i agree.
2. Is it a valid to switch in the last minute.
3. If yes, any impact to B company petition as extinction is in pending with company A.
Please advice me ASAP. have to take decision.
Kumar,
Here is my suggestions:
– Before your company A I94 expire, you need to APPLY for H1B transfer to company B. If you apply and get the receipt number, you can work for Company B, even though your transfer is pending. Here you can inform Company B to apply transfer in Premium process so that you can get the results in 2 weeks.
– Risk is, if the transfer is denied, bad luck you need to leave the country.
Good Luck !
Thank you Jayap. Just approached advocate on the same. He said we have 60 days time to transfer h1b to employer b after pitiation expires as it is in extinction status, I am eligible for transfer.
” A filed for an extinction on Jun-22 2015″.
Has the extinction been approved?
No. Waiting for the status. Almost 5 months completed.don’t know still how long does it take.
Kumar,
The transfer will be filed after current I-94 has expired but while extension is in progress. This creates a bridge of I-94. Your transfer is eligible for new I-94 only b/c of the assumption that extension I-94 will be approved. In case extension I-94 is denied, your transfer I-94 will be denied as well.
My suggestion would be to:
1. Continue working for A until B’s transfer gets approved
2. Have B file it under PP so that it gets a quicker result
Having filed timely extension gives you grace period of 240 days to stay inside US while it is pending.
Hi Experts,
I had a H1 visa stamped from my previous employer and i never travelled to US. I moved to another company.
and the VISA had a validity from 2008 to 2011.
Do i have any chance to renew or get the H1-Transfer?
Hi Sri…I am in the same boat…. .mail me at [spam]
got any update on that? me too looking for the same.
Hi,
I am in the same situation, do employers help with H1 Transfer? I do have a valid H1 Petition for 3 years
Sri,
Transfer can happen only when you have valid VISA.
Check this.
http://redbus2us.com/how-to-go-about-h1-transfer/
Can any body guide me how to proceed further step. I got H1B Oct’2014 but unfortunately i came Jan’2014 but i am not get any job till june.Now i got new offer another company . May i know is mandatory to submit pay stubs for H1B transfer purpose, because i don’t have any job and don’t have pay stubs. may i know can we do H1B transfer without paystubs.
Hello Saurabh
I am in a tricky situation. My H1B Petition was approved (not Visa, stamping not done yet) with company A, but there was a need for DOB correction and I have notified the responsible team to look over it. Its already four months and there is no update on the DOB correction.
Now, I have an offer from company B.
1). Can I resign company A and join company B?
2). If ans to the 1st question is yes, what would be the possible difficulties I could face?
3). Can company A create any problems and can it withdraw my H1B Petiton?
4). What care should be taken by me and my decisions before joining company B
Hi
I got H1b visa from company A but the company A does have postion to send to USA , but i am getting a offer from another organisation that is comany B , and B is telling we will transfer your visa to our company that is B , but till i have not resign job in comany A , if company B transfer the visa , so then the company A will be knowing that i have transfer the visa to company B.. because after getting sucessfull transfer i have resign a company A , pls any one can assist me on these …. till now i have not travel to USA ..
Iam working in Bank Of america Project in TCS.
They’ll be filing H1B visa for me in April, 2015.
My Manger was saying this VIsa is valid for only Bank Of america.
I cannot use it from a different project… Is this kind of limitation possible?
No,
You can use this for any other projects.
As per the new rule. Your new project will apply for H1-B amendment and normally it takes time based on weather on Premium or normal process
This is Just an Suggestion.
Hi,
I am working for a employer “ABC” in US as a H1B visa holder. Now I have got W2 from my employer but in W2 he has mentioned employer address as “ABC Cons” (not ABC) with different address. When I asked to my employer he told we have different companies and this is not an issue. Now I would like transfer my H1B with different employer “XYZ”. Now is question is that is there any problem during H1B transfer as W2 employer address is not matching with my petition address? Does USCIS will ask W2? Can somebody explain me about this.
No Problem. You can mention that in your RFE response. USCIS will take it forward to connect the company
Hi,
my current company filed H1B for me and petition got approved and my visa also got stamped in my passport and is valid till 2016. My company never sent me to US in last one year.
I was approached by US based company for job my question is.
1.Since I never traveled to US is it possible to transfer visa?
2.If transfer is possible will it come under cap-exempt category?
Hi,
Did u get your H1 transfer done? Via a new employer?
I had a H-1B from company A and never traveled to USA. My h-1b VISA is stamped on my passport till 2016. Now my employer has revoked my petition.
Can i transfer my H-1B to another company. Also do i need to go for stamping
Hi,
How have you got the confirmation for revocation? Through some notification?
Hi Nandini,
Can you let me know what update you got, Is it possible or not.
If possible then what is probability to get it again.
I am also stuck with same condition.you can drop a mail to me.
Thanks,
Ramakant
Please let me if you have any further information on possibilities and I am also in similar situation.
Hello Experts,
Can you please advice, what are the documents require for changing company on H1B in first two month after landing in US. (Also, If employer is not giving paystub, in that situation what are the options?)
Thanks, Priya!
Hi,
I am currently working with X company and serving my notice period with the same company. I have a valid H1B visa (valid till Sept 30, 2015). One consultancy firm in India (offices in US also) has offered to take me to US on their expense (flight, boarding & lodging) and provide me a job based on the current H1B visa. They are asking me to travel to US in the current employer name. Is it legal? Will it create problems?
Please advice.
Thanks
HI Krishan Kumar,
Can you let me know more details of your case[phone # or email]. I am in same situation as of yours. So need your opinion too.
Thanks,
ash
Hi Saurabh,
I was in US on L1B visa. While there, my company filed for H1B visa under Change of Status (CoS) and it got approved. Since Oct 1st 2014, I was officially on H1B visa. In december I travelled to India for personal reasons and I plan to stay here for long. I am planning to switch jobs here in India. If I do,will my employer cancel the approved H1B petition ? The H1B stamping is not yet done.
Please let me know.
Thanks
Divyesh
Hi Saurabh,
I have an approved H1 B petition ( not visa) from my last employer A in India. My H1B was filed and approved in 2012 when I was working in India. I quit my job in India when I joined my husband in US on H4 visa in 2012. I never used that petition for any job here. My I797 expired in Sep 2014.
1) Can I use the same petition for a new job here?
2) Do I need any play slip for H1B transfer? Is there any rule from USCIS regarding this?
Please advice.
Thanks
Hi Saurabh,
I applied for H1 through company A and it got approved but before collecting information (like receipt# etc.) I switched to another company as I was not interested in travelling to US at that time (~18 months back). Now is there anyway of taking the advantage of preapproved H1 through my current company? If not, then if I current company apply for a H1 then will I be under cap or cap exempt
Hi saurabh ,
My H1b petition got expired in sept 2014 with Company A and i almost waited for an year unfortunately there is no opprtunity .
Now i made up my mind to switch another company B as i got bettar offer .Will it be easy for me to transfer my H1b expired petition to company B ,if so how much difficulty and will there be any blackmail from company A lets say they may hold documents etc .
if so what is the easy way of transfering petition .
Company B has to pay the H1B investment to Company A ?
Please send me response immediately beacause H1B is very important part and need of my life .
I will be very thankful if risks also mentioned .
Hello,
i was on OPT with company X and the same company filed my H1B, but i got a very good offer from company Y before my H1 started and i resigned 3 days after my H1 started on oct 3rd. as my LCA was filed by company Y but i didn’t receive any receipt, will i be able to work for Company y? Also, In this scenario what can be done.
Please advice
Hi Saurabh, my H1B petition got approved on June 2010 and visa got stamped on January 2011 in India But i didn’t travel to USA on that visa and changed job in India. Then My Employer canceled the visa when i left that organization. Now i am with another IT organization in India.
Can someone please provide me information if I am still eligible to qualify under 6 year Cap Exempt rule and my current (or any) employer who is in India (Having registered office in USA also) can file my visa using my previous petition of 2010 as a cap exempt case? This would be great help for me if you can provide me this information as time is running out now for me 🙁
Thanks,
Ash
I am on a valid H1B visa stamped till 03-Mar-2016. The petition is also approved till the same day. Currently I am in USA. I am working for company ‘A’.Recently I got a offer form company ‘B’ and they started my H1B VISA transfer process. I have not resigned from my current company ‘A’. Company ‘B’ has filed my H1B VISA under premium processing on 04-Aug-2014. I have to travel to India on an emergency on 07-Aug-2014. I have no plans now to resign from company ‘A’ once I come back from India on 07-Sep-2014.
Will there be any problem when I travel back USA on 07-Sep-2007 and what documents do I need to carry.
Hi,
I am working for company “X” from last 1 year and 6 months. I travelled to India and came back in april. I have failed to submit my leave end form. So, the may month pay stub was not generated. But I got the June month pay doubled including may month salary, but the pay dates are only for june. From then I have received july month pay slip also.
I got the opportunity for company “Y”, I need to submit last 2 or 3 months pay stubs for H1 transfer.
Will this be a problem.
Do all the pay slips should contain same pay rate.
Do I need to wait for another 20 days to get the next pay check so that I will have 3.
Please reply.
Hi Saurav ,
Please guide me on below request. Thanks in advance .
Query :
I have an approved H1B petition till 2016, If i quit the company who sponsored it , then would my new employer have to file a new H1B or it is just a H1B transfer .Currently i am in india and my visa not stamped .
Please Please please Reply .
Hi saurab
I have valid h1b till september end(3 months).if h1b transfer is applied by other company will i get only 3 months validity or will get more.
Thanks
Hi,
I got my H1-B approved for 3 years from employer A, I am currently on OPT STEM extension valid till Dec,2014. The H1-B status begins from Oct 1st, 2014.
Now I have a better offer from employer B, who wants to file a H1 transfer for me but also wants me to start working from next week for him.
question is 1. Can I start working for employer B ?
2. Do I need to wait till the transfer Process is done, even though the H1 has not started yet?
appreciate your help and suggestions.
Thanks
Dear Saurab,
I applied for h1b visa from company A, they filed my petition and got approved in 2013, at the interview with the visa officer they gave me 221g yellow, submitted all the documents and after several months the consulate sent my case back to USCIS. After all this wait I decided to look for another company and do the transfer, now company B decided to transfer my visa but they are asking me for a sign statement of why I never got the visa stamped, I never mentioned the 221g to the company B. How this can affect me now? If I say the company A never came back this will impact the transfer with company B? Or I should tell them about the 221g?
Thanks
I am working on H-1B through company A valid till 2016. I accepted offer from company B and they just filed H-1B to USCIS (decision pending). Now, I also receive offer from company C and I am more interested in going for company C.
-Is it possible for company C to file H-1B using only company A’s pay stub and H-1B receipt?
-Can company B withdraw petition while it is in review? If so, will that impact to my current job or petition being filed with company C?
-If I get H-1B approved from company B before company C file for H-1B then do I have to work for company B before I go to company C? or can I just work with company A and go directly to company C?
Please let me know.
Thank you,
Hi Saurabh,
I have a valid H1B VISA and I never been to USA.
Through a consultancy X, I have transfered my H1B and I got the new petition. Now I have to go for VISA interview again in India.
Here my question is what are the possible questions at consulate at the time of interview. Please suggest.
Thanks,
Sravan
Hi Sravan,
You are really done very good job and hopefully the consultant X will treat you properly in USA. don’t worry about the visa interview, hopefully it would be easy.
-XYZ
Hi Saurabh, i am in a tricky position. I have a approved H1B petition with company A, but no VISA yet. Now Company B contacted me and said that they will file for a transfer/new petition. I have few questions on this:
1) If company B files a new petition for me and send me for VISA, what happens to the status of the petition filed by company A.
2) Say if i go to VISA stamping using company B’s petition and for some reason the consulate issues a 221(g). Meanwhile can i go for the VISA stamping again using company A’s petition (Assuming company A’s also want me to get stamped) . Will i face any issues here?
Thanks,
Linus
Hi Saurabh,
My current company has applied h1 for me and it got picked in lottery, now my husband works in US, i wanted to buyout h1 from my current employer in India and travel to US on dependent Visa, will my h1 still be valid in this scenario??
What is the real advantage of applying H1 Transfers with H1-B Premium Processing filing with additional processing fee if not there is no actual guarantee time limit for approvals.
I am working for Company A and they Filed H1B for me. Its was approved and got stampped. so far as not entered in US.
I got offer from Company B they are saying ready to transfer H1B.
Questions –
1. Can my H1B petition be transferred to company B wihile in india?
2. Any possibility of revoking my H1B visa from employer A.
3. If so, transfer is possible to company B?
Hi Ranga,
Did you get any reply? Or any clarity on your questions.
Can you share those please..i am in same situation..
Hi Saurabh,
I am in a confused situation now. I was on h4 and got my h1b approved in dec 2013.
Got a project in feb for two months(i.e., feb n March) . Again i am on bench from april. Employer said he will run the pay roll for april, and if i don’t get any project by end of may he will revoke my h1b(I am yet to get a project). My question is , in the worst case scenario if he revokes my h1b what will be my status? Is there any chance I can reapply for my h1b cap exempt? or can I try for h1b transfer bcoz i get a lot of calls for full time employment. I had a signed the offer letter which states that I have to be with this employer for 12 months, is this agreement valid? if so, when i join another employer what will happen? Appreciate your reply! Thanks in advance.
Regards
Abi
Hi Saurabh,
I have a valid visa till sep 2015 issued in year 2012 from a indian MNC .Last year I have visited my client location for around 9 months and willing to switch my H1B job over there but due to some personal reason I have to come back to india now my employer is willing to send me back in January next year which means I would have only 9 months of visa validity available but I want to go to USA well before that but at the same time I would like to come back after 2-3 year back to india to work in some MNC here and I know if I will switch my job my current MNC is not going to hire me in any case.
My question to you is that if I will get an offer from USA how will I be able to convince my employer to give me my experience letter without servicing the 2 months bond period as I heared that experience letter is a must to get a job in indian MNC(just to let you know that my current employer is the first employer I ave started working with and I have got a work ex of around 4.3 year with him till date )
Confused what to do next,
I don’t know if experience letter is mandatory in Indian MNCs or not, but in US it is not a must. Even when you don’t have experience letters, there are other ways to prove your work w/ the old employer – letter from ex-manager or ex-colleague or payslips to show your tenure.
thanks for ur response Saurabh,
Really i am quit surprised to know that a letter from a ex-colleague is going to work .i am sure my manager is not going to provide me any experience letter at all and when it comes to salary slip i am not sure if my indian salary payslip is a enough proof to get a job in US.it it ?
Also can you please let me know which particlaur technology i should be learning to get a stable career in USA ? I am currently working in mainframe techonolgy (cyberlife product) and i heard that it is getting used in only in big usa comapny who are willing to hire only permanent employee rather than H1B candidate.
Hi,
My visa was stamped on Nov 2013 from Company x (MNC) and now they dont have projects in US. So i am unable to travel now.
Meanwhile i tried with a consultancy and they said with my Visa stamped with X company is fine to travel to US with the consultancy supporting docs. Once i reached US, then they will do the H1B transfer.
My question is
1) Will the consultancy (whom i will be on their payrolls) file a new I-797petition?
2) Whether i would to go for re-stamping with the consultancy name.
3)Travelling with the X(MNC) company stamped Visa and their I797 petition with the consultancy supporting docs will be fine.
4)During port of entry whether any queries will be raise as on petition was with my X comp and working with other
Juderavi,
1. Yes, they can file a cap-exempt petition (aka H-1 transfer) for you.
2. Legally, you can use the old visa stamp for travel as long as it has not been canceled or has expired.
3. NO. Your new employer is giving you wrong advice. Do not travel w/ X’s petition unless X wants you to travel to US. If the consultancy wants to hire you, let them file the petition while you are outside US. Once that petition is approved, carry that petition and other supporting documents.
4. YES, they can question this illegal arrangement of traveling on X’s documents w/o X’s knowledge.
Hi Saurabh
I would like to know what happens in the following scenarios:
1) Is it possible for a new employer to file a cap exempt h1b petition even after old employer revoked their petition – given the person has used the old petition for one year and is staying outside US?
2) Is it possible to ‘transfer’ (apply cap exempt) an expired h1b petition that has been used for one year?
Thanks in advance!
Dede,
1. Yes
2. Yes
Cap-exempt petition can be filed on old petitions as long as it was approved in last 6 years.
Thanks for your response Saurabh. Will this 6 year thing be applicable even if stay out of US for more than one year? After I posted my questions here, I came across something in a forum where an attorney said in order to do a cap exempt, the petition must have been approved within past 6 years + the person should not have been outside us for more than one year.. Any thoughts?
I am referring this -http://www.avvo.com/legal-answers/h1-petition-is-expired–can-i-go-for-h1-transfer-w-885152.html
Dede,
I don’t quite agree. It is ok for person to still apply for cap-exempt petition even after having stayed outside US for more than 1 year. If you have already found a new employer, you can check this w/ their attorney.
I work for Company A and they Filed H1B for me. Its approved. I have the soft copy of approved H1B petition. Hard copy is with company. Stamping is not yet done, so not entered in US yet.
I got offer from Company B they are ready to transfer H1B.
Questions –
1. Can my H1B petition can be transferred?
2. Will it come under CAP?
3. Company B says they will initiate transfer only after I will join them. If I resign from company A, can Company A revoke my H1B petition?
4. If yes, even after company A revoke my petition, can Company B file new petition? Will that be in CAP limit?
Any other suggestion….
Hi Amit,
From the comments I understand you weren’t in US.
You fall under Scenario 1 where you never been to US .So H1b transfer cannot be done as your legal status is not valid.
H1B transfer can be done.
He just doesnt have to prove about maintaining a legal status because he was never in the US. Jeeez!!!!!!
amit,
tintin77 is correct.
1. Yes
2. No
3. They can revoke the petition but B can still file a cap-exempt petition for you.
4. Yes, they can file the cap-exempt petition
Hi,
I have valid H1b valid till sep 16 and resident of India. I have not travelled to US before. I can forsee now my current employer not sending me there for atleast an year. Therefore I want to explore options to switch job and use H1B. Please suggest what will be the process, if any risk involved in this. I should search employment directly in US or in India. For my spoouse also she is having H4 dependent visa. whether she will also require visa transfer.
Please help me out. So many doubts are striking my mind.
Hi Bala, I am also in the same situation… H1B expiring in sept 15. I do not forsee any option in my company. Did you by any chance found any luck ? Please share it could be helpful.
I have never been on H1B in US.I got H1B approved last year from ABC employer ,But I resigned an came to US on H4.
ABC employer has revoked my H1B.Can a new employer use my H1B and file for H1B transfer even if it is revoked.
Hello,
I am currently on H1B and working for indian based IT company.. last month I was offered job in an US based company. I accepted the offer and currently my visa transfer in process. I have a family here so visa transfer is being done for my dependents as well. Now in case I change my mind and dont join the company of which I accepted the offer then based on some blogs I understand I can still continue to work with my current employer as I have checked offer details and there I can see the clause of at-will termination from both sides however I am in doubt if visa of my dependents will still remain valid as well if I continue to stay in current company after H1/H4 transfer is approved? Please advise.