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 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.
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?
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?
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?
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!!!
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.
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?
Akash,
You are not eligible for dropbox as visa expired more than 12 months ago.
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.
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.
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.
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.
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..??
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.
Thank you…hope it will be fine.
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
Huz,
Yes, A can do that. They don’t need to provide any information from B for this. Just ignore B’s petition.
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
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.
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.
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.
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 .
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.
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 .
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 .
hi,
i am also facing the same but my validity is till SEP 30 2016.
can you help to get more on this.
if i can continue with same employer , how many days before should i start the process of extension..
please reply
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,
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.
Thank you very much for your response, this definitely helps me make the best decision.
Best Regards,
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.
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.
Thanks for your prompt response.
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.
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.
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.
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.
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?
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.
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.
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.
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.
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
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!!!
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.
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
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.
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.
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.
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 ?
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.
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?
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.
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.
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.
Thank you Saurabh. Could you please ket me know what documents should be submitted for the h4 withdrawl process?
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.
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 ?
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
Thank you so much Saurabh. Really appreciate for the help.
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
Mustafa,
Do not travel on A’s petition unless A agrees to hire you as an employee in US.
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?
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.
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.
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
Sandhya,
If you have never traveled to US on H-1, then payslips are not required. So this can be done w/o payslips.
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.
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.
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.
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.
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)
Hats off to your patience brother.
You have done an awesome job!!!
Cheers
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?
Kaustubh,
Yes, he would still be eligible for cap-exempt petition based on previous approval.
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
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.
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.
Shobhit,
Yes, you will remain cap-exempt even if both A and B have withdrawn their H-1 petitions, or they have expired.
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
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.
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?
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.
Thanks Saurabh
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!
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?
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?
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.
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?
Pradeep,
Yes, you are eligible for cap-exempt petition and another employer can file a transfer for you.
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.
Kumar,
Yes, another employer can file a cap-exempt petition for you (aka H-1 transfer).
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?
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.
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?
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.
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
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.
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?
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?
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.
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?
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.
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.
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
Navin,
Once the person has an approved petition, any other employer can file a cap-exempt petition for him. No issues from USCIS side.
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
Ak,
If the petition was approved, then you can use it as reference for cap-exempt purposes.
Thanks saurav,
So my employer can file case exempt with the EAC no.
Please correct me if I am wrong.
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.
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…
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?
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.
Thanks Saurabh 🙂
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
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
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.
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.
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?
Eric,
Once approved, confirmation is sent over email within a day. However, the paper notice may take 1-2 weeks to arrive.
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
Sarika,
When is your son’s H-4 visa expiring? Is he currently inside US?
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
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?
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
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?
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
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.
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.
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.
Thankyou very much Saurabh!
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.
Nita,
1. No issues. They can do that
2. No issues and no impact
Thanks a lot Saurabh.
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.
Hi,
I had a approved and stamped H1B from 2008-2011 and not traveled to US anytime. Can I still extend /transfer H1b.
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.
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
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?
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.
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.
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.
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.
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.
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?
Sri,
It will be marked as Canceled in the passport. If not, then visa stamp is still valid for travel.
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
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.
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.
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.
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
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.
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
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.
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
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.
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 ?
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.
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 .
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.
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 .
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.
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
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.
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?
Typo*: Its Oct 2016.