H1B Visa Transfer Process - Requirements - Documents Checklist - Cost

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

In Apply H1B Visa by SaurabhUpdated : 2198 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 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
$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 $500 Needed as there is 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) $1,410  Applicable only if 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

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 ( 2,198 )

  1. AV

    Hello,

    I am working on H1b with company A and my current visa is valid until June 2020. Company A had applied for my i-140 and I have approved i-140 – I have already been here for more than 6 years. . I am planing to get my H1b transferred to company B. Company B will be applying for my i-140.

    (1) Is it risky to do this since I left with just one year until my current visa expiry? Is one year enough to get my H1b transfer + i-140 approved (before June 2020)?

    (2) what happens if company A revokes my H1b and i-140 after I join company B?

    (3) Suppose I do not receive approval on i-140 before Jan 2020 then can company B apply for my H1b extension next year (around Jan 2020) against my pending i-140 application?
    I assume without applying for i-140 company B will not be able to apply for my H1b extension next year, is that correct understanding?

    (4) what happens if my i-140 does not get approved that is applied by company B? Will I need to go back? I have already been here for more than 6 years.

    1. administrator
      Kumar

      In general, if your I-140 is approved and it has been over 180 days, you carry the priority date with your new employer, even if the old employer withdraws that I-140. Also, you can apply for three year extensions based on that….but, if the I-140 was withdrawn for fraud or some other errors, then it is not applicable.

      1. AV

        Kumar Thanks. My current employer’s i-140 was approved back in 2016 so it is more than 180 days and my current H1b is against that i-140 which will expire in June 2020.

        Are you saying even if my new company does not apply for PERM +i-140 then the new company still be able to apply for my H1b 3 year extension based on old company’s i-140 ?

        Thanks for your help and prompt response. Really appreciate.

  2. H1b rfe

    Hi,

    I have valid H1b from employer A till sept 2019 and I-94 till sept 2019. I have requested H1b transferred to employer B and joined employer B on receipt. Now there is RFE on h1 transfer of employer B. Meanwhile, employer A had revoked H1b.
    I have got offer from employer C.

    1. Can employer C transfer h1b without any issue ?
    2. Whose H1B approval notice, shall i submit to employer c ?
    3. Is there any effect on employer b rfe, once employer c filed h1b transfer ?
    4. What if employer C’s h1b gets approved, prior to employer b rfe ?
    5. What if employer B’s rfe got rejected before employer C transfer get approved ? Does it call as out of status ?
    6. If i have to leave US, then do i need to again go thru lottery process ? or another employer can file h1b transfer once i am outside of US ?

    – H1b RFE

    1. administrator
      Kumar

      1. Well, it depends on when your employer has withdrawn the petition and when your previous petition duration was technically ended…you could be in potential bridge situation. They can but, all the ones in the middle has to be approved, if you are in bridge situation.
      2. You should send both the approval notice from Employer A and the receipt notice from Employer B…these will be used only for cap exempt consideration..
      3. You need employer B petition to be approved, if it falls under bridge.
      4. Discuss with your attorney on the bridge part..that decides that.
      5. If in Bridge situation, it will not be approved.
      6. No need for lottery.
      As I said, discuss with your attorney and then work through it as it is a tricky situation, if you fall under bridge.

      1. H1b rfe

        Thank you Kumar for your reply.

        Point 1: Employer A petition validity till sept 2019 and I-94 also till sept 2019. Employer A had requestes on 17th April 2019, to revoker application and status at USCIS is “Correspondence Was Received And USCIS Is Reviewing It”
        Employer B had filled transfer application on normal processing on 12th Dec 2018 and got receipt on 10th Jan 2019. For employer B, rfe received on 8th April, 2019 and USCIS expecting responce by 4th July 2019. and emplyer b will respond to application in the last week of June.
        Employer C will be filing transfer application on first week of june in premium processing.
        Will it be called as bridge situation ? Bridge application is the only one way or any other route it there ?

        Point 5 : Employer C will be filling in PREMIUM PROCESSING in first week of June. So USCIS has to respond within 15 day. and Employer B will be responding in the last week of June.
        will employer C’s application will on hold till employer B responce is coming?
        What will be 15 days response from USCIS ? is it RFE or rejected ?

        New point : My i-94 is valid till sept 2019. If all results are negative, then can i stay in USA (til sept 2019) and check another employer to file for H1b ?

        Regards,
        H1b rfe

        1. administrator
          Kumar

          1. You could be in bridge, reason is that when you file for C, your first one was withdrawn and you are not in period of authorized stay as you are waiting for the decision. Double check with attorney on this.
          5. As I said, if you are in bridge situation, you need approval from B as well. Read Aytes Memo Last 2 pages
          You can stay as you are waiting for decision from Employer B, that should be fine. You will be in period of authorized stay. Again, I suggest you discuss with your attorney at Employer C to ensure it is all good.

          1. H1b rfe

            Thank you very much Kumar.
            I will post here updates . So that it will help for others if anybody belong in same category.

            – h1b rfe

  3. usa2ind

    I worked with employer A on H1B visa till 2019 jan. Their H1B petition was valid till sep 2021.
    I joined a new employer B in jan 2019.
    But I am leaving B now and want to go back to A.

    I have valid I94 till 2021.
    A has not revoked petition till 2021.
    But B has revoked their petition.

    1) Can I go to A on the old petition?
    2) Can I join a different employer C based on old petition of A?
    3) If A also revokes their petition, can I go back to India and join C as a cap exempt new petition?
    Basically if all my previous petitions have been revoked, can I still join as cap exempt?

    Thanks.

    1. administrator
      Kumar

      1. You may, need to work with the attorney to make sure your H1B becomes active.
      2. Yes, you are cap exempt, you can do transfer to any company.
      3. An employer cannot technically revoke anything, they just tell USCIS to withdraw and then it goes to through that…but does not matter, you can always file Cap Exempt, if you had valid H1B status.

      1. usa2ind

        thank you very much for your response.

        one more clarification required.
        so my petition at employer A was from april 2019 to sep 2021.
        and i was working at A on my previous petition (valid from 2018 – 2019 april)

        so in theory, I never worked at A on the latest petition they filed, as I left for B before april 2019.

        would it still be ok to join them now or say, 2 years after I come back from India?

        Thanks

  4. AK040418

    Hi,

    I am currently on H4(not EAD) and have my H1B petition approved with Employer A.
    I went to India for H1B visa stamping and that application has been under admin processing(221g) from the past one year.
    I am back to US on H4 and now want to transfer my H4 to H1b within US.
    With the situation stated above, will Employer A take care of the status change or any other employer B can be approched to take care of the same?

    Thanks.

  5. LuluLala

    Hi all,

    I’m working in a public school as a teacher. This is my 1st year being on an H1B with ‘A’ school district. My H1B will expire in August 2021. Before August 2021, if I’m offered from ‘B’ school district in another state and they fill a new H1B petition, will my H1B expiration date be automatically extended to 2024 (three years more)? or it remains the same as August 2021?

    1. administrator
      Kumar

      If your H1B employer is changing they will file a new petition and indicate the dates on it and the LCA on how long the H1B needs to be valid in their request. If they request full term, you will get 3 years. It is not automatic.

  6. chris

    If one has an H1B visa from a cap exempt institution, i.e. University, can that person transfer their visa to a new small business employer if the person applies to transfer prior to the April 1 2019 deadline? Or will that person be re-entered into the lottery?

  7. pokemon_1

    Admins,

    I have a valid H1B approval notice from Employer A (which is not yet stamped). I have an offer from Employer B who is planning to file for a H1B transfer in the next couple of weeks. I am planning to join company B on receipt on April 25th. I am not giving notice to my current employer until April 15th.
    I have travel plans to India from Mar 18-April 1, and plan on getting my H1B stamped. Would I face any problems with stamping and/or entering back to the US because of my pending H1B from Employer B? Can I still travel or should I be canceling the trip?

    Please advise. Thank you in advance!

    1. administrator
      Kumar

      It is good to give notice to your old employer, after you have the receipt notice of the transfer, just to be safe. You should not have any issues in general, if all the aspects of petition are genuine and your employer is good. But as you know the stats for visa approvals at consulate are not that great for h1B approval…

  8. Nero

    Hi,
    I came in US on H1b from Employer 1 and worked for 2 years. Now employer 2 has initiated transfer. I am going to join employer 2 only after petition approved. I have not resigned from employer 1. Even if h1 transfer with employer 2 is approved can I still continue with employer 1?

  9. US

    Hi,

    I am working with Employer ‘A’ and I have my H1-B until August 2019, my current employer (employer A) is planning to file for H1-B renewal in premium processing.

    mean while, I have accepted an offer from a top tech firm (Employer ‘B’), who will be filing for H1-B transfer. Since, there is no premium processing currently for H1-B transfers, and the process is taking close to 6-8months.

    I was thinking to, first let my Employer ‘A’ to file for renewal in premium processing and after having H1-B extension hopefully approved. Later, ask Employer ‘B’ to file for H1-B transfer.

    Please confirm if this is the right thing to do, or am I missing something ?

    Thanks You,
    US

  10. Nani

    Hello Admin Team,
    Thanks a lot for assisting us with your valuable inputs and suggestions. I’m in a difficult situation and the details are as below;
    I have got Visa approval from Company A for 3 years from Sep 2018 to Sep 2020. I came to USA on 11-March-2018 through Company A i.e., Indian based consulting firm, in the month of Oct-2018 I have got the full-time opportunity from Company B [US Based Firm]. Till 2-Nov-2018 I was on company A payroll and joined with company B on H1 transfer receipt notice on 7-Nov-2018. Now due to unforeseen reasons, I’ll have to leave company B.
    Company A revoked my old petition on 21-Nov-2018.
    Company B Transfer is in process.
    1. Is it possible to move to company C with company B receipt notice?
    2. If I go to my home country is it possible to enter into USA with the new cap-exempt petition? Assume transfer petition also got canceled.
    Your earliest response could save My IT career in USA.

    Thanks a lot
    VD

  11. AD

    Hi,

    I have valid stamped H-1b Visa with my old employer but due to some reasons, the company is not able to send me.

    Now I have one employer ready to sponsor my visa, but is asking me to come to the USA first for that.

    Can I travel to usa on old petition and I-197 and transfer within first 15 days of arrival in USA, without any paystubs? as mentioned above.

    Will there be any issues?

    Thanks.

    1. administrator
      Kumar

      You can travel, provided your old employer is employing you and has a job for you. You maybe subject to questions at Port of Entry regarding the role, etc. If your old employer is not aware of all of this and does not have a job for you, then you are in trouble…. Yes, You may do that as described above. Work with your attorney.

  12. Murali

    Hi,

    I have valid petition till 2021 and currently Amendment process is in progress due to the location change . The Amendment process went to RFE and expecting more documents as well ( All documents are submitted ) . As am planning to H1B transfer from Employer A to B. i have few questions on the transfer.

    1. As my amendment process is already in USCIS. the same time employer can file Visa transfer ?

    2. If they can then there is no problem on the transfer as one more process in progress ?

  13. H1B2018

    Hello,
    I am currently in the process of accepting a new job offer for a very similar role. I am due for extension in 2019 with my current visa expiring in August 2019.

    Since there is no premium processing, can I start working as soon as I receive the receipt from USCIS? How long is it currently taking to get a transfer petition approved? Does the transfer also include an extension processing or does that have to be filed separately?

    Thank You !

    1. editor
      Ram

      Yes it is possible to join the new employer on receipt notice. But remember that its quite risky and you should always have a backup plan in case visa gets rejected for some reason. In case i94 is not expired and your transfer petition gets denied and your previous employer didn’t withdraw your visa then its possible to join the previous employer. Good luck!

    2. administrator
      Kumar

      Yes, you may start working after you get receipt. Well, you can check USCIS processing times to get idea. Transfer is nothing but a new petition without going through cap. So, you would get full duration based on eligibility, no need for anything separate.

  14. Pratik Vernekar

    Hello,

    I have a question regarding H1B transfer.

    Currently, I am doing H1B transfer with a new company. Since the new company won’t be able to do premium processing, I will have to join the new company with just the receipt. My H1B with my current employer is valid till September 30th, 2021.

    So now if I join the new employer, and for some reason my H1B transfer gets denied, then is it possible to go back to my current employer?

    Will my current employer terminate my current H1B, which is valid till 2021, as soon as I join the new company?

    Thanks,

    Pratik Vernekar

    1. JJ

      Hi Friend ,

      Even i’m also in same situation , I too have same question , If my h1 got denied , Can i still go back and work for previous employer .

      But i heard that , we can’t . But still need confirmation .
      If it got denied , Is it possible to reapply from other employer staying in US ?

    2. editor
      Ram

      If H1B transfer is denied if your i94 is still valid and your previous employer didn’t withdraw the visa then yes it is possible to go back to your old employer and start working again. But do remember that its bit risky to join on receipt number in current scenario.

  15. KUMAR SAURAV

    I got my H1b visa approved this year, I got it stamped in January 18 and it’s validity is till September 2020.

    I came to US in Feb 2018 and I have been looking for job through my employer but no luck yet. Now I have to return to India because my father is not doing well.

    I am planning to change my employer while i am in India as i dint get much help from my current employer on job front. So, I would like to know what all documents will be required for H1b transfer. I have original I 797 B copy with validity till Sep 2020 but I don’t have any offer letter, pay stubs from my employer. Please help!

    1. anonymus

      You cannot do an H1B transfer without 3 latest paustubs and a client letter.
      Your only option is to go back to current employer ,start working,gather pay stubs and then look for a new employer….

  16. Vishwanath Jayaraman

    Hi Everyone,

    Can anyone suggest me for my situation.

    I have been in USA for 2 yrs (2015 to 2017) for X employer and my visa got expired on Sep 30, 2017. On Dec Mid 2017, My extension & Amendment got denied so I rushed back to India.

    Now, Another company based out of USA is offering me a Job. So can I able to proceed with a H1B Transfer ?? and anyways I need to go for stamping once petition is approved. Kindly suggest please.

    1. administrator
      Kumar

      Yes, you can apply for cap exempt H1B petition with a new employer. If your visa is expired in passport, you will need to go for visa stamping. Your immigration attorney at new company can guide you with all details.

  17. Rohan

    Hello,

    I am in a peculiar situation. I am on CPT and work for a client through a staffing company. My staffing company filed for my H1B but my contract at client location ended on 30th March and my staffing company doesn’t have other relevant openings for me. So, I am searching for other employers for a job. Will I first need to get an approval on the H1B filed by the staffing company before a new employer can file for an H1B transfer?

    Thanks

  18. Vivek

    Hi,

    How does it take for a company to FILE an h1b transfer? I understand that there’s LCA involved. So, including all the steps, how long does it take for a company to file an h1b transfer?

    Thanks,

    1. Ram

      Once you submit the requested documents to the company, the company can file H1B transfer in a week or max 10 days(if the LCA is ready already else LCA takes 7-10 days to get approved). Depending on the type of processing they select, you would get the result. Premium processing is 15 calendar days and normal processing can take 6-8 months for the case to be processed.

      1. Vivek

        Hi, Ram

        My H1B Change of Employer petition was received by California center on December 29th 2017. It’s filed in premium processing. I should’ve received a decision by now, but I haven’t. 15 calendar days have elapsed since December 29th. I want to know if I’m correct in assuming its 15 calendar days or is it 15 business days? Since there was New Years and the weekends involved too.

        Thanks

  19. vivek

    Hi,

    I’m in none of the scenarios above. Here’s my case – I graduated out of university in USA in 2015, and i’m still working with the same employer ever since. I got my H1B approved 2 weeks back with the same employer. I also accepted an offer with a top tech company a week back and they are in the process of filing an H1B transfer. Is there any possibility that the transfer can be denied? Note that, the school i graduated from is a top school, i graduated with a masters degree in computer science, and the new company that is filing my transfer is one of the top 3 tech firms in the world. It’s a full time position, not a consultancy. Honestly, my slate is clean. But given the recent trends, I’m not sure if i can take a transfer as granted.

    Thanks

    1. editor
      Ram

      We cant say for sure. It all depends on the documents the company submits for the transfer. You can request the company to file the transfer in premium. If done in premium, you get the result in 15 days. Based on that you can decide whether to join the new company or not. In the worst scenario, if the transfer petition gets denied the current H1B is not affected in any way. You can continue your current job without any legal issues.

  20. srikanth

    hi iam in scenario 4 :

    worked in US valid stamping still may 2019 and leaving to india in jan 2018 and my next job is in june 2018 so need to change employer before joining in June, if i apply for transfer from India durig June since we might have H1 premium processing hault it would cause problem as end of june I need to join or will lose the offer.

    can I travel on my already existing visa and apply for H1 transfer as soon as I enter US ?….or can I apply from India if there is PP hault..can i just travel and wait for it to get approved ?

    thanks

  21. Sonith

    Hi,
    I have landed in us 13th Feb and joined the company on the same day. My company run the pay role from 15th to 15th every month. Now today March 12th and i got pay stub for 3days that is 13,14,15 feb. and next pay stub for 15th feb to 15th march will get on 1st April.
    Today (12th march) one more big MNC ready to file h1b transfer. So i have given one paystub to them that is for 3days. if they want next pay stub i need to wait till 1st april, i cant because premium process will suspend from april 2017.
    Now can they able to proceed my transfer with 3days pay stub or i need to wait till next pay stub to receive.

    Pls help

    1. Jigar Patel

      Guys,

      For all who wants to transfer the H1B visa — the PP processing is not stopped for them. Premium processing stopped only for the new h1b visa so no need to worry about PP for existing H1B visa.

      Please check the below from USCIS:

      Starting April 2, 2018, USCIS will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap. We will temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. This suspension is expected to last until Sept. 10, 2018. During this time, we will continue to accept premium processing requests for H-1B petitions that are not subject to the FY 2019 cap. We will notify the public before resuming premium processing for cap-subject H-1B petitions or making any other premium processing updates

  22. SS

    Hello Admin,

    I filed my H1B visa through company A and it’s picked up in lottery.Got the receipt number from them.Now,the status is showing as RFE on USCIS site.

    Please suggest if H1B visa can be transferred to company B if the status is in RFE from company A.

    I am in USA on H4 visa and wants to change my status from H4 to H1.

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