H1B Visa Transfer Process - Requirements - Documents Checklist - Cost

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

In H1B Visa by SaurabhUpdated : 2227 Comments

It is a one of the most common questions for H1B workers that “Can I transfer my H1B visa to another company?”. This question can arrive after working for a company for several years, or just after landing in US, or even before flying to US. As part of this article, we will look at various scenarios, look at overall process, documents required, understand the cost, timelines, and common FAQs.

Legally, is there something really called H1B Visa Transfer ?

First of all, there is nothing called “H1B transfer” (i.e. legally). It is a term coined for our convenience. H1B transfer is basically filing a new H1B visa petition, which is not counted in the H1B visa quota cap or H1B Visa lottery, because the applicant has already been counted in the quota once in the past 6 years. This term is typically used, when one plans to change current employer and join another employer.

Various H1B Visa Transfer Scenarios or Situations by Employees

Below are some of the common situations for H1B Visa transfer that are encountered by employees, who are planning for it.

  1. H1B Transfer Applicant has never been to US, but wants to do H1B transfer to change employers.
  2. H1B holder, who just arrived in US plans for H1B Transfer within 15 days of Landing in US
  3. H1B Holder plans to do H1B transfer and change employers anytime after 15 days of Landing in US
  4. H1B visa holder worked in US for sometime, left to home country and files petition from home country

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

Did the applicant Maintain Status in US ?

  1. Scenario 1: H1B Transfer Applicant has never been to US, but wants to do H1B transfer to change employers:  In this case, for question regarding prior status in US doesn’t exist, because the applicant never visited status and as long as you are outside of US you don’t have a valid US status. No need to provide any documents to prove status, when you plan to transfer from one employer to other, without visiting USA.
  2. Scenario 2:  H1B Transfer Applicant, who just arrived in US plans for H1B Transfer within 15 days of Landing in US : Because the applicant has just landed in US, he/ she now has a status. However, because it has been less than 15 days, that status is not fully defined yet (payroll typically starts in 15 days). So one can still dodge the bullet and may not have to prove his/her current legal status. So, in this case, the applicant does not need to submit pay slips to prove status, just I-94 and Port of entry stamp would do.
  3. Scenario 3:  H1B Transfer Applicant plans to do H1B transfer and change employers anytime after 15 days of Landing in US : In this scenario where USCIS definitely wants the applicant  to prove that they have maintained their valid status. Some of the common documents that can be submitted as valid proof are recent pay stubs/ slips (most recent 3 pay slips should be sufficient), bank statements that show salary deposits, and W2 tax returns. You may or may not have all of these, depending on how soon you apply for H1B transfer, but at the minimum you need to submit Pay slips, bank statements.
  4. Scenario 4: H1B visa Transfer applicant  holder worked in US for sometime, left to home country and files petition from home country: This is more like scenario 3, as they had valid status in US at least once on H1B. So the the applicant will have to submit most recent payslips from his previous H1B employer, Bank statements, W2 tax forms,  in order to prove that legal status was maintained while the applicant was in US. No proof is required for the period for the time spent in India. You can even submit your I-94 Travel History

What is H1B Visa Transfer Process ?

H1B Visa Transfer process is exactly same as filing a fresh H1B petition with a new employer. The fundamental difference is that with H1B transfer, the applicant does not have to go through H1B lottery or H1B cap process, the reason is the applicant was already counted towards cap in the last 6 years and using the same to file a H1B cap exempt petition.  Also, with H1B transfer, you do not have to wait until April 1st of next year, when H1B season starts, to file H1B petition.  Below are the typical process steps on a high level for H1B transfer. We will look at additional details for each of these after these steps.

  • Step 1 : Find Job at H1B Sponsoring Employer : You need to get a job at a H1B sponsoring employer. Once you have the job offer, you need to work with their attorney and indicate that you already went through the H1B cap process and eligible for cap exempt petition filing as H1B transfer.
  • Step 2 : Submit all H1B transfer Documents :  You need to provide all the required H1B transfer documents to your new employer to start the H1B transfer process. The complete list of documents is listed below as new heading.
  • Step 3 :  H1B Sponsoring Employer / Attorney Files LCA with DOL : Once you send all documents, your new employer or their designated attorney will file Labor Condition Application(LCA) with US Department of Labor (DOL).  LCA has the job offered, salary offered, prevailing wage and other info. For more info, read What is H1B LCA, why file it, info in it. 
  • Step 4 : File H1B Transfer Petition with USCIS : After the LCA is approved by US DOL, your new employer will file H1B transfer petition with USCIS. Basically, they will file form I-129 with USCIS with all the relevant fee, supporting documents regarding the offered job, etc.
  • Step 5 : USCIS gives Receipt Notice and Adjudicates : Once the H1B transfer Petition is received by USCIS, they will issue receipt notice to employer/ attorney indicating that they have received the H1B petition and for tracking purposes. Depending on the load of the Service Center and filing type either regular or premium processing, the H1B transfer petition is adjudicated by USCIS in few days to few months.
  • Step 6 : USCIS Decision  : 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.  The H1B transfer applicant can make a decision to join or no join after the decision is made by USCIS.

Below are additional details on each of the steps in detail.

H1B Transfer Documents Checklist – Required Documents :

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

H1B Transfer Documents Checklist from Applicant

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

H1B Transfer Documents Checklist from Employer / Sponsor

  • Detailed Job description of the job offered
  • Details of the company like company info, marketing material.
  • Financial Statements, Annual Reports or Business Plans
  • Copies of  company incorporation documents, as applicable.
  • Additional supporting documentation as needed based on the Job role.

H1B Visa Transfer Fees, Cost

The H1B transfer cost includes fees that are paid for various aspects of the H1B petition as listed below. Depending on the size of the company, the H1B filing fee can vary anywhere from $1,750 USD to $7,400 USD + the attorney fee( if any).

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

or
$1,500

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

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

Fraud prevent & detection fee$500Needed as there is change of employers
Fee based on Public Law 114-113$4000Applicable, if 50 or more employees and more than 50% of employees are on H1B or L1 Visa status, required for new H1B filing and change of employers.
Read H1B fee increase $4000 rule to check if it applies to your case
Premium processing fee (Optional)$1,410 Applicable only if H1B Transfer petition is filed under premium processing.
Immigration Attorney FeeVaries from $500 to $3000 Varies by attorney and can be anywhere from $500 to $3000. If the employer has in-house immigration team, this may not be an expense

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

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

Overall H1B Visa Transfer Processing Timeline :

H1B transfer includes many steps from filing LCA, to working with attorney and processing by USCIS.

Processing time for Applying LCA with DOL for H1B Transfer :

Getting LCA with US Dept of Labor can take anywhere from few days to 7 business days, it is online and is quite fast, but can be delayed at times due to load, so factor in for delays.

Processing time by Attorney or Employe to Submit Petition with USCIS :

Depending on the complexity of the petition, both employer and applicant require time to gather documents needed for H1B transfer petition. It can vary from few days to couple of weeks or more depending on speed to get documents like transcripts, education evaluation, etc.

H1B Visa Transfer Processing Times with USCIS

After the petition is ready and submitted to USCIS, the processing time with USCIS for H1B transfer petition can range from few days to few months or sometimes many months. There is no required SLA  for H1B transfer petitions filed under regular processing and USCIS can take their own time based on load. It is recommended to file it under Premium processing, if you plan to work soon for new employer after H1B transfer.

Do you need permission from Current / Previous Employer to do H1B Transfer ?

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

Do I have to inform my current employer that I have applied for H1B transfer ?

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

H1B Transfer from Cap Exempt Employer to Cap Subject Employer – Is it possible ?

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

Are there any limits on number of H1B Transfer Petitions employers can apply on behalf of an Applicant ?

No, there are no limits. You can have multiple employers apply for H1B transfer on behalf of you. Also, you may work for multiple employers simultaneously, if working part time.

Any limit on How many times you can apply for H1B transfer in a Year or Month ?

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

I have returned from US and my H1B Visa stamp on passport is expiring soon. Can I do H1B Transfer ?

Your H1B visa stamp dates are not fully relevant for H1B transfer. You are eligible for H1B transfer, if your previous petition is filed within last 6 years.

What has been your experience ?

   

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Comments ( 2,227 )

  1. saritha

    Hi Saurabh,

    I came to usa on 18th Jun,16. I have new offer on w2 and want to go for H1 transfer. As I came to USA newly, I do not have payslips. Will it be smooth transfer or what are the problems in it? Will they ask me to go out of country of stamping again? Please suggest me what needs to be done.

    1. administrator
      Saurabh

      Sartiha,

      You would need payslips only if you have been inside US for at least 1 pay period (15-30 days or more). Filing H-1 transfer would take time as your LCA needs to be approved first. When do you expect first payslip from the employer?

      1. saritha

        I have H1B visa with Employer A and came to usa 18th of this month from india first time. I got offer from B company on w2 where we stay so planning to transfer my H1B visa. As enter last week, I do not have any payslips. but B company ppl are asking me to join in that company asap and want to apply for H1B transfer. Will it be possible and what are the issues in it?

        1. administrator
          Saurabh

          saritha,

          Well you didn’t answer the question that I asked but instead retyped your original question. How do you expect me to help here?

  2. Akash

    Hi Saurab,

    I came to US in August 2014 through Company A and worked with them till August 2015 as I Joined Company B as a Full-Time Employee. My new H1B is valid till 2018. Now I have a situation to go to India for official purposes. But, my passport stamping has expired.

    I got RFE when I applied in August 2014 and after a month my H1B was approved and Visa was stamped.

    Will this have any impact in the Visa stamping process? My Company(B) wants me to return back to US in a month. Should I take my wife who is in H4 along with me to India or can I leave her in US until I get stamped and come back? Her passport visa is also expired but the H4 status is valid till 2018.

    I am nervous about this situation. Please help!!!

    1. administrator
      Saurabh

      Akash,

      Your RFE during 1st petition processing will not impact the new stamping as it is through new employer while RFE was through the old one.

      Are you eligible for dropbox? If not, then look at visa stamping availability dates before traveling outside of US. They are pretty backlogged, and it would be better to discuss the timelines w/ employer before leaving US.

      It is not mandatory for wife to leave US also as you plan to return within few weeks. However, if she wants to go to India, then you both can travel together and appear for respective stampings.

      1. Akash

        Thank you very much for your time. I went through the DropBox eligibility. My previous Visa in my passport expired on February 15 2015. Do I qualify for DropBox?

          1. Akash

            Thank you very much for your time, Saurabh.

            Can I goto Canada(with visitor visa)(wait time 18 days) or Jamaica(Wait time 4 days) and get my H1 and my wife’s H4 stamped together? Is there any risk involved in going to Canada or Jamaica?

            My case is very genuine but few of my colleagues scaring me saying that it is risky in Canada/Jamaica but more advantage in Homeland than going to Canada or Jamaica. Please shed some light as I need to get my Visa stamping done soon without any risk involved.

          2. administrator
            Saurabh

            Akash,

            This is not your first H-1 stamping, and so you may go to other countries as well. However, do check with those consulates first as some have stopped accepting TCNs due to huge workload.

            Even if you appear for stamping there, you carry the risk of running into 221g and delays. Have a back-up plan in place in case you are unable to return as desired.

  3. Sundari Saxena

    Hi,

    Thanks for this nice forum,

    I am currently on h1 (converted from h4 and hence my visa has not been stamped as I never left USA). I am working for one of the ‘consulting’ firms. Generally there is a two month delay in me getting my pay, which is deposited in my bank. but I do not have any offer letter or pay stubs. I had 4 months old pay stubs but no recent ones. I recently got an offer from one of the IT companies and they have given me a offer letter. They are now asking me for recent pay stubs for h1 transfer, but my current employer is not giving me any pay stubs. How should I handle this situation?

    1. Should I ask my new employer to file for h1 transfer with my old stubs? What are the chances of approval of denial?
    2. Should I complain to USICS and DOL about my current employer?
    3. If my new employer files for h1 transfer with my old pay stubs, can I join them as soon as USICS intimates that they have received the application? and then file complaint against my current employer for not giving me paystubs? so that way I am safe and I can also inform USICS that I have issued a complaint?

    I was thinking of my 3rd option. Please let me know your views. Thanks.

    1. administrator
      Saurabh

      Sundari Saxena,

      1. Explain the set-up to new employer’s attorney. They should be able to submit bank statements to show regular salary deposits. BTW, if you are not getting any payslips, how do you know what taxes are being withheld?
      2. As long as they are paying you salary, and making appropriate deductions, they are fine.
      3. And what will happen if the transfer is denied if USCIS decides not to accept the old payslips and asks for recent ones.

      IMO, you should have a frank discussion w/ new employer’s attorney. This is something that can be handled by them.

      1. Ras

        Hi Saurabh,

        Its very urgent, please guide me.

        I came to US in Dec 2013 on H4( H4 Visa stamped on Passport till 30-Jun 2015). I got H1B through consulting company in 2014 and started working on H1B from 1st Oct 2014. I changed the client and my H1B amendment got denied, meanwhile I traveled to India on 04/19/2015 and entered back on H4 on 05/20/2015. My employer run my payroll only till 04/16/2015 … I don’t have my Pay roll for 3 days (17th,18th and 19th of April 2015).

        Now I got a new offer from a company and they are doing my H1B transfer /COS from H4–>H1B.

        My question: Since I don’t have my payroll/payslip for 3 days (i.e for 17th,18th and 19th April 2015) will that cause any problem in my H1B transfer/COS from H4 to H1..??

        1. administrator
          Saurabh

          Ras,

          That should be ok. Submit the payslips you have. Let your new attorney know about you case history and they should be able to frame the package. Maybe include boarding passes or passport pages to show when you left US in April 2015.

  4. Huz

    Hi Saurabh,

    My scenario:
    I am working with employer ‘A’ in India. I have an approved CAP exempt H1B petition from ‘A’ which was expired in Sep-2015 by validity. I never travelled to US with this petition.
    Another Employer ‘B’ filed CAP exempt petition in Dec-2015 and get it approved for 3 yrs till 2018. However, I could not join employer ‘B’ due to some reasons and I am still working with employer ‘A’ in India.

    Now, question is “Can my current employer ‘A’ extend its earlier petition (which was expired in Sep-2015) under CAP exempt without the knowledge of ‘B’ and just by ignoring B’s petition which is currently valid?

    I have both the petition with me

    Thanks
    Huz

    1. administrator
      Saurabh

      Huz,

      Yes, A can do that. They don’t need to provide any information from B for this. Just ignore B’s petition.

  5. Srikanth

    Hi,
    My h1b petition validity is from December 2015 to December 2016.
    I will be going for stampings in September.
    1)In this case for how many months visa is going to be approved
    2) if in worst case if approved visa is given for only 2 months say up to December,how can we apply for extension
    3) on continuation on point 2 duration if we donot travel with Dec what will happen ,if planning to travel post Dec what should be done

    1. administrator
      Saurabh

      Srikanth,

      1. Till Dec 2016.
      2. Your employer has to apply for H-1 extension. This can be done as early as 6 months prior to expiration date. Once approved, you can appear for visa stamping to get it extended (assuming you are still outside of US). If you are inside US by that time, then no need for immediate visa stamping and petition extension should be sufficient.
      3. Same as (2). The extension can be filed even after Dec.

      1. Srikanth

        Thanks Saurabh for valuable inputs .I have one more queries

        1)If we have approved h1b visa and valid utill dec-2016 ,not traveled to USA on this visa yet , and planning to move different employer post dec-16 , what is the process for the same , do we need file new application ,what documents would be required , how long it might take and what would be fee, will there be any problem from my first employer who had filed.

        2) If i can get client letter for 2 years , and my petition validity is up to dec-16(dec-15 to Dec-16) ,is there any possibility of getting stamping of h1b visa for 2 years at my first consulate interview.

        1. administrator
          Saurabh

          Srikanth,

          1. You will be eligible for cap-exempt H-1 petition. Documents will be similar to what you needed for your initial H-1 petition. Additional document required is current H-1 petition copy to show that you have already made through the cap. If not available, just a receipt number would also work.

          2. Visa expiration dates are kept in sync with corresponding petition expiration date; even if the contract or client letter is for 2 years.

          1. Lakshmi

            Hi Saurabh,

            I am too in the same boat , how long(approx months) it will take when we are submitting New petition when applying out of USA.
            What will be cost , it will same as the filing cost .

          2. administrator
            Saurabh

            Lakshmi,

            Petition processing would take several months say 4-6 under RP. PP option would take 15 calendar days. Cost would similar to initial filing cost if it is applied by a different employer.

          3. Mannu

            Hi Saurabh,

            My case is similar to the one but i had applied for amendment for extension of visa (it might take 5-6 months to get approved ) and currently in US.
            My wife is in India and has expired H4 visa never traveled to US. How to take her to US , do i need to wait until amendment on my visa gets approved and later apply for her amendment which probably might take more time .
            Is there any way , or shall i apply for a b1/b2 visa for time being .
            Please suggest .

      2. Srikanth

        Thanks Saurabh for information, can yo provide the following additional inputs.

        1) My visa will be valid up to dec-16 , never traveled to US on H1b till now , can we move to different employer post dec-16 ,what documents would be required , how long will it take , what are the charges involved in this. will there be any issues from my old employer who had filed the visa.

        2) If we get a client letter for 2 year and my petition expiry date is dec-2016, is there any possibility that we can get the visa for 2 years .

          1. VDR

            if i can continue with same employer , how many days before should i start the process of extension..

            please reply

  6. Dhinchak

    Hi,
    My situation is as below –
    a. Employer “A” applied H1B under CAP FY 15 (Lottery selected – Apr 2014, Approved – Jun 2014, stamped – Nov 2014 and Activated – Traveled to US in Dec 2014)
    b. H1B amendment while still in US (Filed – Jun 2015, RFE issued – Feb 2016, RFE responded – Mar 2016, Approved – May 2016) and currently working in US
    c. H1B Visa stamp expiry – Jun 2017; H1B amendment I797A notice has new I-94 date of May 2017 (since H1B amendment was approved in May 2016, and USCIS issues 1 year approvals at a time these days !)
    d. Practically on US payroll of Employer “A” for last straight 19 months (from Dec ’14)
    e. Have an offer from Employer “B” that I am interested in but have not yet started the formal H1B transfer process
    f. Now Employer “A” intends to send me back to India office shortly, for a period that is unidentified as of yet
    g. I plan to – accept “B”‘s generous offer, give a go ahead for H transfer, travel to India for “A” and then after “B”‘s transfer petition is approved by USCIS (under PP + RFE, if issued) resign from “A” while in India

    Now my questions –
    1. What if “A” cancels my original (CAP FY 15) + Amended H petition and also strikes out the current valid H1B Visa stamp also from my Passport before relieving and completing all separation formalities in India?
    2. If the Visa stamp is stricken out by “A”, I would need to obtain a fresh Visa from US Consulate in India using “B”‘s assistance. Is this a practical scenario ?

    Your insight is highly appreciated !
    Best Regards,

    1. administrator
      Saurabh

      Dhinchak,

      1. Even if A withdraws their petition, it won’t impact B’s process. They can still get their petition approved and you can appear for stamping through them.
      2. Normal situation. Nothing to be alarmed about.

  7. John Ebenezer

    Hi Saurabh,

    I have two approved petitions from company A and B. Transferred petition from A to B. Now want to know if I have an offer from company C and if they want to file for transfer. Can I get my petition transferred from company A without knowledge of B? Have i797 copy from company A however B is not ready to share the same.

    1. administrator
      Saurabh

      John Ebenezer,

      Yes, this can be done. H-1 is really never transferred. You have 2 valid petitions from A and B, and C can submit either as proof of having made through the cap. Submit either petition and recent payslips to show that you are in valid status.

  8. Pravin

    Hi,
    I have H1-B approved in Oct-2012, but within 1 year it expired. Now I have left the organization where it was approved. So now in new organization can apply for extension and Is my valid now? Could you please help with answer.

    Thanks,
    Pravin.

    1. administrator
      Saurabh

      Pravin,

      Yes, cap-exempt petition (aka H-1 transfer) can be applied for you. You would need copy of approval notice or at least the receipt number for this.

      1. Pravin

        Hi Saurabh,

        Thanks a lot for your help. May I know till when my visa approved petition will be valid as it approved in 2012. And also as you suggested to apply for “cap-exempt petition”, so for this how much charges are there ?

        Thanks,
        Pravin.

        1. administrator
          Saurabh

          Pravin,

          Typically it is 6 years from 2012 but there have been some recent cases where USCIS approved it even after 6 years had elapsed.

  9. Piyush Aggarwal

    Hi Saurabh,

    I am having H1B valid upto September 2017. I have following questions regarding my H1B status for which I need your help,

    1) Is it true I can travel to USA only upto 6 months prior to the expiration date of the H1B status? If No, latest by when I am eligible to travel to USA?

    2) In case my employer wants to extend the H1 status, what is the latest time by when they need to file application for the extension of the H1B status?

    1. administrator
      Saurabh

      Piyush Aggarwal,

      1. Not true. You can enter US on a petition that is valid for just few more weeks. As long as the employer is willing to file extension before petition expiration date, you can delay the arrival to US.

      2. Extensions can be filed at most 6 months in advance. So a petition expiring in Sep 2017, can be applied after Mar 2017.

      1. Piyush Aggarwal

        Thanks Saurabh for the quick response. By your response to the pont# 2, it is clear that H1B extension can be only filed after March 2017 in my case.

        1) Now the question that arises, In worst case I do not get chance to travel till August 2017, and then my employer wants to send me to US assignment, Can my H1B extension(in case of same employer)/transfer(in case of another employer) be applied just before a month prior to expiry month of the H1B approved Petition?

        2) If once the H1B is approved, it is under H1 exempt status for next 6 years.
        Does it mean even if first petition expires in September 2017, employers can file new petition after September 2017 utilizing the exempt status or is it mandatory to travel once before septempber 2017 to remain in exempt status?

        Again many thanks for your valuable response that help a lot to people having H1B taking right decision for their career.

        1. administrator
          Saurabh

          Piyush Aggarwal,

          1. In this scenario, I would suggest entering US prior to Sep 2017, and then apply for extension soon after entering US. You can discuss w/ employer about the timing of this so that there is ample time to apply for extension in US. After Sep 2017, extension can only be applied from outside US and needs to be approved first before entering US.

          2. In order to avail future cap-exempt petitions, it is not required that you travel at least once on your current petition.

  10. Divya

    Hi Saurabh,

    I got H1B visa November 2015 from employer A and expires on September 2016 but still i didn’t get opportunity from employer A to travel US. Now I am searching the job in the employer B in Home country.

    1. Is it possible to transfer petition to company B with in one year?
    2. If No, what type of issues will occur from company A?
    3. If Yes, How long it will take and what are documents required?
    4. If petition transfer to company B, Will get know anything to Company A? Will ask any approval from company A for transfer?
    5. If transfer process is going to company B, what type of status will shown in USCIS site once transfer to company B?

    Thanks.

    1. administrator
      Saurabh

      Divya,
      1. Yes
      2. N/A
      3. Processing could take few months (around 6) but PP option is available. You would documents similar to what A needed for initial filing. Additional document required is copy of approval notice, or at least A’s receipt number.
      4. A doesn’t need to be involved in this and wouldn’t know about B’s petition
      5. A’s petition would not be impacted and will show same status. B’s petition would show the status relevant to their petition

  11. sandeep

    Hi Saurabh,

    I have my I-140 approved and my h1b valid till June-2017 with company A. I had to move to India for medical reasons. I never activated the new h1b extension(no I-94) but got the visa stamping done till June-2017.

    My question is
    1) can h1b transfer possible without pay stub to a new company B?
    2) Can company B file new h1 under cap exempt using I-140? Can this be done in premium processing?

    Thank you for the help!!!

    1. administrator
      Saurabh

      Sandeep,

      1. H-1 transfer can be done. You would need at least 3 most recent payslips for the time you were inside US.
      2. They can file cap-exempt petition (aka transfer) using A’s petition copy as reference. PP option is available. They should make use of I-140 only if you have stayed inside US for more than 3 years on H-1. In that case they can show A’s I-140 to ask for extension beyond 6 year.

  12. RUCHI

    Hi Saurabh ,

    One of my friend has
    1. on H1b for about 5yrs with employer A , and i-140 approved from employer A since a year
    2. went back to India for 3 months due to Visa extension issues.
    3. now backin USA since a month with a new cap exempt h1b from employer B ( Parent company of Employer A) and Visa stamped.
    4. No project found so far , so still has no pay stubs with company B, who are a consulting firm.
    Company A Approved i-140 is still valid.
    5. Now has a fulltime offer from company C , is H1b transfer possible from company B to company C without any pay stubs from company B?

    Main question is can h1b transfer be succesfully in such scenario? Or is it compulsory to wait for atleast 2 paysubs from company B , to do a h1 transfer? immediate answer will be very helpful.thanks.

    -Ruchi

    1. administrator
      Saurabh

      Ruchi,

      C can go ahead and file the petition. He can submit old payslips from A. However, there is a good chance that USCIS will issue RFE asking for B’s payslips for the period since he just entered US. Since payslips cannot be submitted, C’s petition may still get approved but w/ consular processing. So he would have to leave US and return on C’s petition and start working for them.

      If C is a reputed company, then their immigration team should be knowledgeable and suggest possible options.

      1. RUCHI

        Saurabh,

        Thanks, in continuation to earlier question. Looks like company C is taking time to start the h1 transfer process, may be another month or so. By then my friend might have 2 pay slips of coming month on a project with B. Would that give him a chance of getting h1 transfer to C without consulate processing? he would still not have payslips for the first month of his landing in USA. Is that ok? or is it necessary for him to have pay slips for the first month of entry in USA.

        Additionally for h1 transfer is it advisable to wait for new i140 rule to become effective ? since he has i140 approved beyond 180 days from A , which may get revoked if he leaves B and he is in his 6th yr of H1b. Do you know by when to expect new rule for i140 for h1b extension beyond 6 yrs , priority date porting and for i140 to become nonrevokable.

        1. administrator
          Saurabh

          Ruchi,

          Yes, it would be helpful once he has at least 2 payslips from B. Do not rely on I-140 rule as we don’t know when it would be eventually published and what the final wording would be.

  13. h1bmigrant2016

    Hi All,

    In the current company in which i am working, I am getting paytsubs in a delayed manner though i am getting the salary on time. So the company i work for, does a direct deposit to my bank account timely, but reports to ADP only after a month or 2, so we get our paystubs in a delayed manner. A delay of 2 months.

    In the article, it says we would require the recent paystubs. But in my scenario, i would not have it, though i can show that i have been paid using my bank statements.

    Could someone tell, in this case H1 transfer will succeed ?

    1. administrator
      Saurabh

      h1bmigrant2016,

      You can submit the payslips and copy of bank statement to show that salary is paid regularly. Maybe a letter can be included to explain the set-up.

  14. Kaustubh

    Hi Saurabh,
    If an employee has a h1b stamped , he has left sponsors employer , he is not finding sponsorer to transfer petition and it will be getting expired next year. Now, if employee’s spouse has h1b and employee travels on h4 then is there any possibility that employee can transfer h1b while on h4 through consultancy before expiration or after expiration?

    1. administrator
      Saurabh

      Kaustubh,

      Yes, this can be done. One can travel on H-4 and try to find H-1 employer in US. Once H-1 employer has been found, they can file cap-exempt H-1 petition. It doesn’t matter if the petition has expired or not.

  15. Shaanvi

    Hi Saurabh,

    I am on H1b for past 6months, I was on bench for 1 month and applied for h4 conversion with my husband’s company on April 6th 2016 and received the receipt number on April 26th 2016.
    Recently I got an offer from one of the employers and my husband requested his company’s attorney to withdraw my H4 conversion request.

    My question is how long at this moment does it takes to withdraw my h4 conversion request because I do not want my I539 to get processed.

    Please advice.

    1. administrator
      Saurabh

      Shaanvi,

      Processing time for I-539 seems to be pretty delayed these days. They are still processing Dec applications. Once USCIS receives the withdrawal request, it should be done within couple of weeks. I don’t think your 539 would get processed in that time b/c of the delays.

        1. administrator
          Saurabh

          Shaanvi,

          I don’t know the exact process as there is no formal form for this. Probably write a letter on personal stationery requesting withdrawal, include copy of receipt notice and your passport copy as id proof.

          If husband’s employer filed the H-4 COS, then they can also submit the withdrawal document for you.

  16. h1b-warrior

    Hi Saurabh,

    I had got an Approved H-1B from Employer A in FY 16 and the petition is valid till 12/31/2017. I have the I-797B, Notice of Action with me. But I never used the petition and left employer A.

    Now I am working for Employer B and I want to file for transfer of H-1B.

    My query is:
    1. My current employer is saying they need an Activated (traveled) visa in order to file for cap exempt, Is this transfer (filing of cap exempt petition) possible since the visa is not activated (I never traveled)?
    2. Can there be a company policy where they will not allow for transfer unless the petition is activated?
    3. Do I need to give any documents other than the I-797B to my current employer B to file for transfer ?

    1. administrator
      Saurabh

      h1b-warrior,

      1. There are people who have done cap-exempt filing (aka H-1 transfer) even though they have never traveled on previous petition. However, still some employers want the visa to be activated, like yours. Try to convince him and their attorney about trying this route.
      2. Could be
      3. No

  17. Mustafa

    Hi,
    I have my H1B petition approved and stamped by new employer (A). I am still working on notice period on my old employer (B) in India. I have not yet traveled to US on this approved petition.
    Now my old employer (B) wants to retain me and they want to transfer my H1B. However, as per their organization rule, they can file my H1B transfer only if I have traveled once on that approved petition.

    My Question : I want to stay with old employer (B) .My H1B employer (A) is till trying to find a project for me. Can I travel to US on this approved petition(from A) without informing employer A for around a week only just to satisfy “one time travel” criteria of my original employer B. Would travel on my own expense for 4-5 days and come back to India.

    Thanks
    Mustafa

      1. Mustafa

        Thanks Sourabh on prompt response. One more question.. I already have an offer letter from ‘A’ but joining date is not mentioned in that offer. Should I still refrain travelling on A’ visa for few days?

        1. administrator
          Saurabh

          Mustafa,

          You should travel on A’s petition only if A wants you to work for them in US. If A doesn’t want you travel to US for them, then do not use that petition/offer letter for travel.

    1. Priya

      Hello,
      Please let me know if I would be able to transfer my H1b visa.
      Scenario:I got i140 from company A and then Transferred visa beyond 6th year to company B in 2015 based on that i140 and got 3 year until 3/2018. Company A revoked i140 few months back. Would I be able to get my H1b visa transferred to company C now until 3/2018 since my current H1b is valid until 2018. Please let me know asap as I have got a great offer and need to accept it based on this criteria.

  18. Sandhya

    Hi,

    I have got my h1b approved in the year 2015 and my employer A has not shown any opportunities and he has not generated any pay stubs also. I have got selected for a full time position for employer B and he said he will do h1 transfer. So without pay stubs is h1 transfer possible? Will there be any problem when I go for a visa stamping?

    Kindly advice

    1. administrator
      Saurabh

      Sandhya,

      If you have never traveled to US on H-1, then payslips are not required. So this can be done w/o payslips.

      1. Sandhya

        Hi

        I have come to the USA on H4 status dependant to my husband. Then I filed for my H1B with one of the consultancies here and it got picked. I am eligible to work from october 2015. My employer has not generated single pay stub from that time. He said he will do it only if I get a project from the external client. But I have got multiple full time opportunites and one of the employers agreed for the h1 transfer too.

        1. administrator
          Saurabh

          Sandhya,

          So you are inside US. I assume your H-1 was approved w/ COS (let me know if that is not the case). So you are in big trouble. You are not getting paid, which in turn means that you are not maintaining legal status. You should ask your employer to pay you as per the LCA as that is the rule. They are playing w/ your immigration status, and this can cause big issues w/ H-1 transfers, green card processing etc.

          1. Sandhya

            Hi Sourab

            Thank you for response. Right now I have applied for my h4 conversion. My employer stated that by giving my h4 conversion receipt number he will hold my h1b till I get a job and later he will convert it to h1b once I get the job.
            As I got the FTE position for one of the employers and they are aware of my situation they accepted for my h1 transfer( that is overseas h1) So will there be any problem at the consulate as I do not have single pay stub from my current employer?
            Kindly advice what step should I take.. Either the h1 transfer with the new employer or keeping my h1 on hold with my current employer.

          2. administrator
            Saurabh

            Sandhya,

            Your new employer is doing “overseas H-1”. Do you mean they are filing H-1 but w/ consular processing and you will have to go for stamping and then re-enter US before starting to work for them? That would make sense as you are not maintaining legal status as you are not getting paid.

            Your current H-1 is of no use if you are not getting paid. It is better to leave US than stay w/ such an arrangement that adversely impacts your immigration status.

            Your H-4 COS would definitely run into issues as you don’t have any payslips for the period you were on H-1.

            Talk to an immigration attorney and may be complain to DOL against current employer for backwages unless they are ready to pay the dues.

    2. priyal

      I needed consultation/advice on H1B and lay off.

      Facts:
      1. Currently I am on H1B and recently got laid off but have my payroll running with current employer until May 20th. Working in pharmaceutical field.
      2. I also have B1/B2 visa
      3. Have couple interviews lined up and should be able to get offer in next 10-15 days.

      My questions are:
      1. Should I get transferred to B1/B2 or keep looking for a new job and ok to be out of status for 10-15 days if happens to be?
      2. Also how much do you charge for H1B transfer if we will have to pay out of our pocket for next employer? (Break down of actual filing fees and your fees would be great to know)

  19. Kaustubh

    Hi Saurabh,

    If an employee left the petitioner company and he has not traveled to US but his stamping is done. And he is not finding new sponsor then after expiration of Visa stamp does he need to go through CAP quota again or new sponsor can apply it directly by using old petition number?

      1. Kaustubh

        Hi Saurabh,
        Thanks for your response. I do have one more question. If employee doesn’t transfer his visa after expiration and he is not with the employer who filled his visa then after expiration till how many years he can keep that petition number for transfer process and can use it for other employer?

        Thanks Saurabh

        1. administrator
          Saurabh

          Kaustubh,

          General rule is 6 years from original approval date (if person never traveled to US). However, recent cases suggest that USCIS is approving cap-exempt cases even when old petition was filed more than 6 years ago.

  20. Shobhit

    I worked in a Employer A from May 2014 to Mar 2016 and moved to Employer B which has visa till Mar 2017. Employer A has revoked by H1 already

    Now I am planning to move back to India with employer B. If Employer B revokes my visa and at that point of time I don’t have any petition active with employer A and B(as both A and B revoked already) and ifever I wants to come back to US with employer C in future will I be H1B Cap-exempt for the using rest of the H1B petition or I need to go through lottery process.

    1. administrator
      Saurabh

      Shobhit,

      Yes, you will remain cap-exempt even if both A and B have withdrawn their H-1 petitions, or they have expired.

  21. kumar

    Dear sir
    I need to know about my H1B cap Exemption -transfer to a new employer.
    * Currently i am in india.
    * My employer A has filed the petition in 2011.
    * I have received the approved petition( feb 2012-Sep 2014)and in 2014 Feb-May I worked in US around 4 months.
    later i resigned from the employer A and currently with Employer B.
    Now i planned to move Employer C who can transfer my Visa to work in USA.
    Question for clarifications:
    1. Is My petition can be transferred to the new employer win CAP EXEMPTION QUOTA.
    2. What is the Process to Transfer my Petition.
    3. How long it will take thru normal process and How long will take thru Premium Process
    4.If premium process , i need to bere from my self, i want to know how much it will cost.
    5.What is the probability of success inthis transfer.
    6.What is the difficulties in this petition case.
    7. With in what period it can be transferred?

    Thanks

    1. administrator
      Saurabh

      Kumar,
      1. Yes
      2. C needs to file a petition just like A did. In addition to documents(similar to what A did), they need to submit copy of your approval notice and payslips for the period you were inside US on H-1
      3. Regular is 2-6 months, while PP is 15 calendar days. If RFE is issued, then it can take longer
      4. 1225 USD
      5. Chances vary from case to case. So your guess is as good as mine
      6. Refer (5)
      7. Usually within 6 years of your most recent H-1 approval. Recently USCIS has approved petitions even outside this 6 year period.

  22. Aditya

    Hi,
    Here is the query:
    I have petition valid till May 31st 2016. I have used 1 year of H1 quota and currently in US working for company A. Company A has applied for extension under normal process (which takes 7-8 months).
    Company B has offered for H1 Transfer on premium process.
    So is it ok for H1 transfer when I-94 and VISA is expiring this month?

    1. administrator
      Saurabh

      Aditya,

      Yes, B can file the petition for you. If they file the petition after your current I-94 expires, then its approval will depend upon A’s extension petition. Look-up bridge scenario. If filed before I-94 is expired, then it would be independent of A’s extension petition.

  23. Anand

    Hi,

    I work for company A and H1B was applied for me in Apr 2015 and it was approved in Feb 2016(there are no stamping done). I do not have any receipt no with me. I am planning to switch to another company. Is there a way to get the receipt no of my application as my company will not provide me the receipt no. Also, please suggest if I can go for stamping on the same visa if i get an opportunity to travel from the new company which i am planning to join.

    Thanks!

    1. administrator
      Saurabh

      Anand,

      In order to file cap-exempt petition through new employer, you should know at least the receipt number. Once this is known, new employer can file the petition for you, which will not be subjected to lottery.

      Also, when going for stamping use the petition of the employer you intend to work for and who is supporting your employment. In other words, old employer’s petition cannot be used for stamping if you plan to work for new employer. However, once visa has been stamped, you can use it to travel for any employer as long as you have approved petition for them. Makes sense, or did I confuse you?

      1. Anand Kumar

        Hi Saurabh,

        Thanks for your response, it is really helpful. The only thing i am confused is the “cap-exempt petition”, it is new term for me. If you do not mind, could you please explain the difference between cap-exempt and normal visa petition.

        This is the first time that the visa has been applied for me, will my new employer be able to file cap-exempt petition for me?

        1. administrator
          Saurabh

          Anand Kumar,

          Petitions that are filed in April and are subject to lottery are cap-subject petitions as only 1st 65K + 20K are selected. However, once the petition has been approved, future petitions for that employee will be cap-exempt as they are not subject to lottery. They can be filed anytime and by any employer (new or old one).

          So it is cap-exempt vs cap-subject petition and not cap-exempt vs normal.

  24. Pradeep

    Hi Saurabh

    My H1b got approved and stamped in 2012 by Company A. However I did not travel to USA and visa got expired. Again extension petition was approved and it got expired in 2015 without me travelling to USA. Now I am with company B. Can company B get H1b transferred along with new validity dates?

  25. kumar

    Hi
    I havd my H1B approved was valid upto Sep 2011-2014.
    IN this period i worked for 4 months at USA.
    after i came back to india. I resigned from this company .
    Currently i am in the new company. Now i would like to transfer my H1B Visa.
    Please suggest me, wether i have the eligibility to transfer my visa witout CAP exemption.

    Thanks in advance.

    1. Ramakrishna

      Can someone reply to my question please,

      I got my h1b visa last year and my employer has filed amendment bcos of location change and is still in pending status,now i got an new offer and my new employer is filing h1 transfer. Can my new employer file h1 and should i notify my mew employer about my amendment pending status?

      1. administrator
        Saurabh

        Ramakrishna,

        If you have started working at the new location, then it is better to send copy of original approval notice and copy of amendment receipt notice.

        1. Ramakrishna

          Thanks Saurabh, I have not started working with new employer yet, still with my current employer. I dont have amendment receipt notice copy but i have receipt no. Can you please advise for smooth h1 transfer?

          1. administrator
            Saurabh

            Ramakrishna,

            Your amendment was filed for location change, right? That’s what I said in my reply. If you are already working at new location … Not new employer but new location.

          2. Ramakrishna

            Saurabh,

            Yes i am working at new client location from past 2 months with my current employer for which my amendment is pending, should i need to submit amendment receipt copy for h1 transfer for new job.( I dont have receipt copy ) that is why i am asking

          3. administrator
            Saurabh

            Ramakrishna,

            Your current status is based on pending amendment as current petition is approved for old location. That’s why it is best to submit amendment receipt as well.

            If you don’t have it, then let new employer’s attorney know about it and see what they suggest. Do not hide from them, for if RFE is issued for this it may create an environment of distrust b/w you and new employer.

  26. Dhada

    I have h1b visa approved with employer A, he has filed amendment 3 months ago which is pending staus with uscis, now i got an offer with employer B , can i file my h1b transfer while amendment is pending , also should i notify my mew employer about my pending amendment?

    1. Ramakrishna

      Thanks Saurabh for your time to respond, one last thing, i checked with new employer this morning and they have filed my h1 transfer yesterday . Now what is the chance of getting an RFE, if so is it answerable if its regarding amendment pending?

      1. administrator
        Saurabh

        Ramakrishna,

        It is not possible to comment on the probability of getting RFE. If it is regarding amendment petition, then it can definitely be addressed using amendment receipt.

  27. tej

    I’m currently in US on H4 visa. Company A has applied for my H1B(on April 2016) and its picked in the lottery(can start working from Oct 2017). If I want to quit company A and join company B, what is the earliest time I can do so? Do I need atleast 2 months paystubs to change my job?

    1. administrator
      Saurabh

      Tej,

      I think you meant Oct 2016 and not Oct 2017 as earliest date to work for A.

      IMO, B can file for cap-exempt H-1 petition (aka H-1 transfer) as soon as A’s petition has been approved. Obviously B’s petition cannot have a start date prior to Oct 1.

      If B files for transfer in late Oct, then you need pay slips for Oct for this. If B files for transfer in Jan, then you need at least 3 most recent pay slips.

      In other words, if you have worked for A for at least 3 pay periods, then 3 most recent pay slips are required. If you have worked for A for less than 3 pay periods, then all the pay slips for that period are required.

      1. tej

        Thank you Saurabh. I had misconception that this was possible only before 2014. My understanding was I should work for company A for atleast 2 months before joining company B. This reply clarified it.

  28. Navi

    Admin,

    One of my friend filed through 2 different employers for this year’s lottery FY 2017. He got picked in one and now he is saying if he can transfer this h1B from different company (which is new) to current company where he is employed?
    Will there be any issue from USCIS? or the transfer will be smooth?

    Thanks

    1. administrator
      Saurabh

      Navin,

      Once the person has an approved petition, any other employer can file a cap-exempt petition for him. No issues from USCIS side.

  29. Ak

    Hi ,
    I have valid H1B application which was picked up in lottery in the year 2015. But to some reason I have resigned from my current organisations who has filed H1B. I have only valid and lottery picked case no with me.
    Can any other employer can use this approved case.

    Regards
    Ak

        1. administrator
          Saurabh

          AK,

          Yes, they can use the EAC number for the cap-exempt filing. The employer will have to put trust in you, that receipt number belongs to you and was indeed approved. You can also include print out of online statement showing it as approved.

          When the petition is submitted, USCIS can look-up in their system to confirm that old petition was indeed approved for you.

  30. Kaustubh

    Hi,

    My Query regarding H1B transfer process when candidate is in India.

    A candidate is having valid h1b stamped for company A. He has never traveled using existing h1b visa filled by Company A.Now candidate is working for company B since 3-4 months.

    * If candidate re-joins Company A then does he need to follow transfer H1B again?If yes, can he use payslips of Company B for transfer process?
    * Considering that candidate has not traveled to US through Company A, will there be any issue while transfer process?
    * Usually how much time will it takes?

    Thanks in advance…

  31. A.S.Kumar

    I have an offer from new employer and they filed petition in 2015. My H1B Approved on Apr 6 2016 and valid till 30 Jul 2018 (with my new employer). I am still in India and still working with my old employer. I never visited US on any visa.

    My Current employer wants to transfer my H1B and I am ok with it.
    Q1) Is it possible to my current employer to transfer without travelling to US with current approved H1B with new employer?

    But, I have a bond with my new employer for one year.
    Q2) If my new employer does not accepts my transfer and if I still do transfer, do I need to face any legal issues? Will my new employer (who filed petition) create any issues legally?

    1. administrator
      Saurabh

      A.S.Kumar,

      1. Yes

      2. Typically employment is at will in US and your employer cannot bound you for a set tenure. They can still go after you in India, or in US for liquidated damages. BTW, your H-1 employer plays no part in this H-1 transfer. They don’t need to be informed about it. In addition, technically you are not their employee yet, and agreements go into effect only after employment starts.

  32. Divya

    Hi Saurabh,

    I am having valid H1B visa till September 2016 from Company A but till now i didn’t get opportunities. and I am still in my home country.

    1) If suppose i got job in company B after my visa is expired, then is it possible to transfer my petition to company B? or again i need to file my H1B petition like new H1B petition from picking process in company B?

    2) Does petition withdrawal by employer “A” affect transfer process?

    Please update me on this

    1. administrator
      Saurabh

      Divya,

      1. Yes, it it possible to file cap-exempt petition aka H-1 transfer. No need to go through the lottery again.

      2. It doesn’t

  33. Eric

    Hi:

    My visa stamped is expired. I renewed my H-1B in Sep 2014, but since, we stayed in the US. Now, I change job, but my new I-797A has not arrived yet. I have to travel outside the USA. Can I get a new visa stamp using the I-797A form I had with my previous employer?

    Thanks.

    1. administrator
      Saurabh

      Eric,

      Do not appear for stamping using old petition if you are no longer working for them. You should carry petition of your current employer, so that when they look-up the petition they know its current employer. If the petition is still pending, then you can upgrade to PP also.

      1. Eric

        Thank you. In fact, it was PP, but since the company also moved recently, their IRS files aren’t matching the USCIS H-1B sponsor address, and the approval is “pending”. waiting for new documents.

        Alternatively, do you know how long it takes to get the USCIS once the case is “fully” approved?

        1. administrator
          Saurabh

          Eric,

          Once approved, confirmation is sent over email within a day. However, the paper notice may take 1-2 weeks to arrive.

  34. Sarika

    Hello ,

    My husband is on H1B and my son is on H4 (as my husband’s dependant visa). I am also on H1B . How can I transfer my son’s H4 from my husband H1B to my H1B dependant visa.Kindly let me know the process and also if that is possible and will I need to get my son’s visa stamped again?

    Thanks!
    Sarika

      1. Sarika

        Thanks for responding Saurabh. Yes me , my husband and our son , we all are in US. My son’s H4 will expire this December and my H1B is until 2018, so wanted to know as if in case of emergency if I need to travel , so to avoid my son having issues wanted to have his H4 with my H1 so that he gets more validity.

        Thanks,
        Sarika

        1. administrator
          Saurabh

          Sarika,

          I am not 100% sure, but I think you would have to file I-539. Docs required would be your husband’s current H-1 proof of status (797, payslips) and your H-1 proof of status (797, payslips) and kid’s birth certificate to show relationship.

          No new visa stamping is required until current visa stamp is valid.

          Do you have plans to travel outside US b/w now and December? Do you want him to move to your H-1 ASAP or can it wait until your trip to home country?

          1. Sarika

            Hello Saurabh,

            I am on H1B and my visa is stamped until October next year ( 2017). My husband is on H1 B which is expiring soon and my son is on his H4 through my husband . His I- 140 is in process and he is planning not to leave US until then as he will have to ho lete to get his extension stamped. I have To travel to India and want to know is there a way being in US that I can get my son on my H1b as H4 or I take him with me to India and then get him back here on H4. But for that also I will need his approved H4? Do let me know which is the right and quickest process .

            I get the visa transfer done here and then travel?

            Or I take him with me and appear straight away for interview which I think is not possible without his approved i797?

            Please help me.
            Thanks,
            Sarika

          2. administrator
            Saurabh

            Sarika,

            If you are traveling to India, then your son can appear for his H-4 visa stamping using your H-1 documents. He would be eligible for dropbox b/c of his age and past H-4 visa. This would be the quickest way to extend his H-4 visa (he would receive new I-94 on returning to US). You would need your own H-1 copy, payslips etc for this. You don’t need husband’s pending H-1 copy as son is moving to your H-4 and not his.

            Does that make sense?

  35. Hari Prakask

    Hi All,
    I came to Us on Jan 22nd 2016 on h1b but my employer unable to find me a project but they are generating my payslips for only 15 days in a month

    1 st payslip i have only for 15 days i.e from feb 1st 2016 to 15 feb 2016
    2nd payslip i have only for 15 days i.e from mar 1st 2016 to 15 mar 2016.

    If i apply for H1b transfer to other employer do i face any issues

    can you please advise me on this situation

    Thank you

    1. administrator
      Saurabh

      Hari Prakask,

      Your employer (and may be you) are trying to be innovative to circumvent the law. In the end, all that matters is that you are not maintaining status. Your employer should pay you the salary in full as per LCA.

      If you go for H-1 transfer, it may run into issues as you are being paid less than LCA. The H-1 transfer may still get approved, but w/ consular processing i.e. you would have to leave US and return on new employer’s petition (and old stamp, if still unexpired) and then work for the new employer.

      Take an action quickly as you are digging a hole for yourself by staying on such an arrangement.

  36. Ramya Shri

    Hi

    I am in H4 status and my H1b is approved(counselor process) initially upto dec 2016 but my employer could not find me a client and I am thinking of h1b transfer.

    1.Will I face any issue if go for h1b transfer.?
    2.Can my new employer apply for change of status.
    3.If it goes successfully from when can I start working?

    Please give me some guidance.

    1. administrator
      Saurabh

      Ramya Shri,

      1. No additional issues as it was approved w/ consular processing. So you were not on bench, and should be ok. Processing is still subject to scrutiny of the new employer’s job.

      2. Yes, they can apply for H-1 transfer along w/ COS

      3. From the COS approval date. Typical processing time is 2-6 months unless applied w/ PP.

  37. Nita

    My H1B got approved from employer “A” in July-2015, stamping done in Oct-2015. Visa/petition valid until Sep-2016. So far I have not traveled to USA on this Visa and I am still in my home country.

    1) If I join employer “B” in my home country , will they be able to transfer (technically file new H1B Cap-exempt petition) current H1B? Employer “B” has offices in US and many other countries.

    2) Does petition withdrawal by employer “A” affect transfer process?

    Kindly let me know.

  38. Bharath

    My previous petition is in revoked status and my Visa is valid till July 2017. I have changed my organization. Please let me know if my new organization can transfer the Visa.

    1. administrator
      Saurabh

      Suraj,

      IMO, your time ran out in 2014 (6 years from original approval date). However, there are few who say that you have until 2017 (6 years from expiration date) for this. And there is murthy.com lawyers who claim to have experience in doing this even after both above options have exhausted. Make your pick.

    2. Manoj K

      Suraj

      My old petition is of same date. A quota (cap) when un-utilized (petition approved/ stamping done/ not travelled) can be claimed any time later.

      Now I have valid petition for 3 years on cap-exempt.

      Thanks
      Manoj

  39. Naresh Kumar

    Hi Saurabh / anyone ,

    I got my H1B stamped last year, but not traveled yet to US and visa is valid until July 2017. My petition got approved from Nov 2014 to July 2017. I have the receipt number of my petition filed by Company A. I have resigned from Company A and they have taken back all the documents. Now I’m planning to transfer my H1B visa to Company B with receipt number under cap-exempt petition. Please clarify below questions.
    1. Is there any deadline for doing H1B transfer from new company B ?
    2. Is it possible to use the same petition number after the expiry date ( in my case after July 2017) under cap-exempt petition for H1B transfer?

    1. administrator
      Saurabh

      Naresh Kumar,

      1. It should be done within 6 years of original approval date – so by 2020.
      2. Yes, this can be done even after the petition has expired.

      1. Naresh Kumar

        Will there by any problem if company A withdraws / revoke petition before i go for transfer? I have taken a screenshot from USCIS website ( https://egov.uscis.gov/casestatus/landing.do ) which shows petition approved . Will that be suffice for H1B transfer ?
        Also i could see the same petition number on my stamped visa which will confirm that petition number was raised for me.

        1. administrator
          Saurabh

          Naresh Kumar,

          You can go cap-exempt route even if old petition has been withdrawn. Having that visa stamp and screenshot will come in handy when the new employer files it for you.

  40. Anonymous for reasons ofcourse.

    Hi,
    I belong to scenaio 1 mentioned above, but i am not able to get/understand the exact answers.
    I have an H1b visa stamped on my passport. Stamping took place in February but I have not yet traveled once. My company does not have immediate requirements/positions in USA so I am not sure about my travel prospects. Is it possible to change the employer now and travel with Employer B. What are the further process if this is possible like, does employer B needs to file a fresh Petition and wait for approval. What about the visa stamping that indicated my employer A. Does fresh visa stamping is required.

    1. administrator
      Saurabh

      Anonymous for reasons ofcourse.,

      You need to find another employer who will file a cap-exempt petition for you. You need to submit copy of current approval notice or at least the receipt number for this. In addition other docs required are similar to what your current employer had required for their filing. No new visa stamping is required as long the current visa stamp has not been canceled.

      1. Sri

        Hi Sourabh,
        One quick question on the above. How will I know if my current visa stamp has been cancelled? ? Is it something that my employer does which I need to check somewhere?

  41. Vijay

    Hi All,

    My H1 application was filed by A and it has been transferred from A to B after a year. I am planning to back India for a month. Shall i need to go for stamping again or not required? Can anyone please let me know about my situation?

    Regards,
    Vijay

    1. administrator
      Saurabh

      Vijay,

      If the previous visa stamp has not expired and still valid, then you can use it to return to US along w/ B’s approved petition.

  42. Divya

    Hi,

    I am having a H1B valid till September 2016 from Company A. From Company A till now i didn’t get opportunity to travel. so i am searching for a job. Once get the job, planning to transfer my visa to new employer.

    1. Will it possible to do the transfer to any company ?
    2. If yes, will it any risks from company A or board of entry in US ?
    3. Will it possible to do the transfer to any company after my visa is expires?
    4. Is it require to go for stamping again after my petition is approved with new employee?
    5. How many days will take for transfer to any company?

    Thanks for your help.

    1. administrator
      Saurabh

      Divya,

      1. Yes
      2. No risks. You can enter US using new employer’s petition and an approved unexpired visa stamp.
      3. Yes, you are cap-exempted for 6 years from original approval date
      4. No need to get new visa stamped as long as the previous visa stamp is valid
      5. 2-6 months under normal processing. PP option available.

  43. Ajit

    Hi,
    I am holding H1B Visa stamped on my passport. The Visa is valid till Mar 2017.
    I have traveled to USA and working in India. Employer “A” sponsored my VISA when i was employed with “A”.
    Now i am working for another employer. Looking for H1B transfer. Please advise on how to get this done.

    Regards
    AK

    1. administrator
      Saurabh

      Ajit,

      Find a new employer and ask them to file a cap-exempt petition for you. You would need copy of previous 797 or at least the receipt number for this. Rest of the docs required are similar to what were needed for original petition.

      1. AK

        Thanks Saurabh,
        Somehow and very strangely, I am NOT able to any employer who is willing to offer H1 transfer / cap-exempt.

        Not sure what is the reason.!!!!!!
        Does anyone know such employer’s ?

        Thanks

  44. Ravisankar

    Hi,

    I am having a H1B valid till October 2017. I was in USA for around 3 years and returned back to India few weeks back for a personal reason. I am currently working for the same employer in India.

    I am searching for a Job and would like to transfer my visa to new employer. Is it possible to do this? Do I need to go for stamping again after my petition approved with the new employer?

    Please let me know if any risk in this. Thanks for your help.

  45. sunil

    i have a H1B approved petition from employer A. currently i am in USA on L2 dependent visa and I am planning to resign from company A from US. Will the employer A revoke my H1B approved petition once i resign from employer A. Can i get the H1B transferred with CoS by employer B in case my petition is not revoked by employer A

    1. administrator
      Saurabh

      sunil,
      A can revoke/withdraw the petition once you leave them. You are still eligible for cap-exempt petition even after it has been withdrawn.

  46. Naga

    Hello,

    I have a question here. My H1B term ends (got for only 1 year) on Sep 30 2016 from my current employer. I recently got another job and they are filing for my H1B transfer. Should I also ask them to file for H1B extension also?

    If yes, then how many days before should I have to ask them to file H1B extension ?

    1. administrator
      Saurabh

      Naga,

      There is no separate extension required. The new employer will file a petition with its own validity dates (up to 3 years) and USCIS will approve it on its own merit.

  47. Suresh

    Hi All,
    I had applied my h1b via consultancy and is approved about 5 months back from USICS , they had not yet initiated any process after that ( no Stamping etc..) up on contacting they say it will take time. I have only my approved receipt no with me . Never traveled to USA on h1b, at this stage can i approach another consultancy for transfer of my H1b .

    1. administrator
      Saurabh

      Suresh,

      Yes another employer can file cap-exempt petition for you using the current approved petition. You can then appear for stamping through new employer.

      1. Suresh

        Thanks Saurabh . What are documents required to move to a another employer as i have only the receipt no .
        Will my petition will flow the same way as new H1b picked up appliation ( validation –> Applroval/Rejection )etc from USICS .

        1. administrator
          Saurabh

          Suresh,

          It is best to have copy of the approval notice. If not, you can use the receipt number and print out of online status showing it as approved.

          Yes, the process is same as before.

  48. Rampal

    I got a H1 Visa in November 2015. My H1 petition was filed by a small company with Indian employers. When I went to board the plane for travel to USA last week, I was denied a boarding pass with the advice from the airlines to contact the embassy. But I saw that I cannot schedule an interview in the embassy except for VISA and I already have a VISA stamped and in a fix what to do. My employer in US also has no clue of why this happened but another employee sponsored by the company who travelled a week before also was denied boarding pass . Can you advise what to do. I am really devastated

    1. administrator
      Saurabh

      Rampal,

      Your employer should ask their attorney to contact USCIS to know what is happening. What’s the current online status of your petition? It is possible that consulate has withdrawn the visa stamp w/o any intimation based upon newly discovered information.

      1. tej

        Hi Admin,

        I’m currently in US on H4 visa. Company A has applied for my H1B(on April 2016) and its picked in the lottery(can start working from Oct 2017). If I want to quit company A and join company B, what is the earliest time I can do so? Do I need atleast 2 months paystubs to change my job?

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