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 Kumar ,
In the above article you stated ” because the applicant has already been counted in the quota once in the past 6 years ” is it true if my petition approval start date is more than 6 years then I cannot transfer and not eligible for cap exempt ?
Transfer Guy,
I just updated it. The 6 years limit is not applicable anymore, if you have been counted towards cap and had h1b status. Read Recapture H1B after 6 years
But it is still in this blog please read above under the Passage
“What is H1B Visa Transfer Process ?” Correct me If I am wrong .. Also state Once I have been picked in lottery and have approved petition I can transfer anytime even after 6 years correct ?
Transfer Guy,
Read the updated article now…
Hello Admin,
I have received an offer from an another employer and they want to start the H1B transfer process. With the current situation as premium processing is suspended. Is it recommended for me to move to the new company on h1b transfer receipt. What happens if there is a RFE on my transfer?
Thanks in advance,
DVR
Dharma,
As you rightly asked, what if there is an RFE…I would not recommend joining a new company, until the approval is in hand. Negotiate with them by stating risks and tell them you can only join after the approval. I know many who had issues with the transfer having issues and they had to leave country because, if they end up in denial, there is no status and they need to exit country….
Hello Admin,
I have an H1B right now which is due to expire in September 2020. So my current employer has started the H1B renewal process without premium processing. Meanwhile I have received an offer from an another employer and they want to start the H1B transfer process. My question over here is can a different employer file for H1B transfer for me while my current employer has filed for H1B renewal? Are these two different processes and don’t interfere with each other? Can one application (transfer) cause another (renewal) to be voided?
Thanks in advance,
CMK.
CMK,
Yes, any number of people can apply in parallel…They don’t interfere with each other. No, it wont make it void.
Hello,
My current employer was planning to apply for an H1B for me, however, I’ve been with them for a long time (remotely), and I’ve decided to move on – I’ve recently accepted an offer from a different company. I just found out that my current employer had submitted me for the lottery, and I was selected.
Is it possible for me to transfer the application at this stage to the new company (assuming they’re willing to do it)?
MS,
No, you cannot transfer with H1B registration…you need H1B approved.
I am working with a US company on H1B. I got an offer from a new employer and they are filing my I-129 for H1B. However, since premium processing is stopped, it will be filed under regular processing which is supposed to take a long time. If I start working with them based on receipt of H1B case and assuming H1B gets denied, can I come back to my present employer under my existing H1B?
What is present employer supposed to do with my present H1B status after I leave them and join new employer?
Shankar,
It is a grey area, you maybe, depending on if they keep it inactive and not withdraw. You should discuss with an attorney.
Present employer will submit withdraw notice to USCIS. That’s standard practice.
In these times, I do not recommend anything as USCIS is stretched and it can take a while…it is more risk…It is your discretion.
hi Kumar,
I have a tricky situation here, My employer filed h1b extension and it went to RFE. My I-94 is expired.
Can another employer file H1B on my behalf? since I don’t have valid I-94, will this cause any issue?
I have approved I-140, Please let me know my options. I feel that My H1B extension will be denied.
Regards,
PK
P,
They can file it as Consular processing…As I-94 expired, you may have hard time to prove status. You can wait or apply for cap exempt H1B transfer as backup using Consular processing in parallel…So, plan backup options.
Urgent question
My current and next employer are both applying for H1B this year for me.
1) If I were to get the H1B approved this April that was filed under my current employer and want to start my next job this August, how does the transfer process work? Is it risky to transfer the name of the employer if my H1B was approved under my current employer?
2) Also, my current employer is applying under regular cap gap and the next is applying under consular processing. That is because my original start date with the next employer was 2021 and the next employer wanted to give that lead time since consular processing allows your h1b to start later whenever. Is this going to impact the transfer process in any way?
3) If I were to get my H1B approved under my next employer’s name, there won’t be any issue in starting in August, correct?
4) If I do not get my H1B approved, I will have to continue my STEM OPT extension that’s till 2021 to start with my next employer in 2020. Any trouble in that if I were to switch employer under STEM OPT extension?
Jay,
What do you mean by name transfer ? Also, what is your current status ? Is this first time applying for H1B ?
Hi,
One of my friend’s I94 & current h1b expiring mid mar 2020.
He got his h1b transfer approval for Emp B . His extension is filed under premium processing by his current employer A. Can he start working for Employer B as of now ? If so ,What would happen if his extension gets approved? What about i94 he gets from his h1b extension? Will he be able to go back to employer A later if he wishes? Could you plz help in how best this scenario can be taken care of? Do we need to ask the Employer A to take back the extension? Plz help
Ruchi
Ruchi,
You can have multiple H1B approvals at the same time. It is up to you to take the decision to join or not. You dont have to join them or tell them to take back. You make a decision on it and join them.
Hi,
I have used all 6 years on H1B, currently getting extensions based on approved I-140 (EB3-India, PD 2015).
I want to change job from Employer A (Very big Service provider) to Employer B (total head count of 5).
Please help with following questions:
1. Does Employer B only being a company of 5 employees pose risk for H1b Transfer approval?
2. Can Employer B file multiple LCAs (Example Remote work from home (to cover multiple clients within same MSA , multiple different Client sites in Chicago, Atlanta)?
3. Can I work (exactly same work profile) from different locations including multiple clients within same MSA (Metropolitan area of my home (remote work) address) without filing H1B Amendment?
4. Considering this will be full time job, what are the minimum number of hrs employer B has to commit for pay while filing H1B transfer case with USCIS?
5. Can I continue to work with Employer B based on the I-140 filed and approved for Employer A for considerable time or even until my GC application priority date becomes current?
Thanks
1. Not necessarily.
2. You can file single LCA with multiple address of working in it. Also, you can file separate by location too..
3. usually yes, but they need to mentioned in the LCA.
4. It is not about hours, it is about how much you are paid and the assumption is you work full time, unless you have concurrent H1B.
5. You may file concurrent H1B, discuss with your employer on this and their attorney.
Hi
My H1B visa approved as a In-House project one month back. Change of Status from F1 Visa to H1. I didn’t go to stamping as of now. I want to transfer my H1 visa to employer B. How risky is this?
Can i go to stamping with In -House project?
Mahesh,
The in-house project is a big risk, many H1Bs that were not genuine, based on in-house projects were revoked, when additional inquiries were done…So, you should get out them as soon as you can…You may go for stamping with the same, but as I said the risk is always high. Unless the in-house project is genuine, it can be hard…The whole concept of in-house project has been abused a lot by IT Body shop companies….
Which option is better , Stamping with in – house project or transferring the visa . By the way mine is In – House position not an project . May be both are same.
Can you please suggest me which option is best one .
Mahesh,
The in-house project is abused by IT body shop companies… If you are in a IT Bodyshop company, then both are same…If you have client work or full time offer, it is the best…
Hello Kumar,
My previous H1 Cap that was lottery approved in 2014 although never stamped yet, has been transferred and H1 is stamped on passport this January 2020.
I don’t want to go US now and wish to continue with current employer in India, the new employer will have to obviously revoke my H1 as per rules as soon I reject their job offer,
1) if I reject the offer and H1 is reviloked, will it affect eligibility of my stamped visa to be transferred to another employer in future?
2) to find another sponsor in future will I have 3 years from now untill the current stamping is valid? Or the 6 years again as I never entered the USA till now?
3) can the visa sponsor force me to pay the visa transfer costs (I am just assuming worst case scenario)?
Please advise !
Akshay,
1. No, it will not. They can only withdraw, cannot revoke…
2. No, there is no limit, as long as you have any time left on 6 years. Read H1B recapture rule
3. No, they should NOT force you and you should NOT pay…
In general, the transfer thing as cap exempt without stamping is slightly grey area….You got it transferred without stamping right ? What all did you submit for transfer to your previous employer ?
Hi,
I am H1-B applicant and this is my last attempt for H1, please help answer my doubts
• My F1 Visa valid until June 9th, 2020
• My STEM OPT EAD valid until July 2nd, 2020
1) If in case, my H-1B is picked up and approved, can I keep working until my H-1B kicks in (Oct 1st, 2020) ?
2) If in case, my H-1B is picked up but decision is pending, can I keep working even after my STEM OPT EAD is expired ?
3) If in case my H-1B is denied, can I keep working until my STEM OPT EAD expires (July 2nd, 2020)?
4) If in case I receive RFE, can I still keep working until my OPT expires (July 2nd, 2020)? and Do I have to enroll in Day 1 CPT college to maintain my F1 status?
5) Am I late on anything ? Is there anything else that I need to be aware of ? What actions do I need to take? Please advise.
6) Would you recommend me any back up plan for this?
SKP,
1. Yes, you fall under cap gap, so you can as long as it is pending and not denied until Sep 30, 2020
2. Yes, as long as it is pending until Sep 30, 2020
3. Yes, you can as long as it is pending until Sep 30, 2020.
4. No need to enroll in anything. I do not recommend Day 1 CPT, they are very risky option.
5. You need to file it in H1B registration this year as there is new process.
6. Nothing.
Guys/Kumar
My H1B approved petition is with employer A and valid till September 2021. My H1B transfer initiated from employer B with normal processing and submitted to USCIS on November second week 2019. Around December second week I have upgraded to Premium processing and got RFE during Christmas eve. Now Attorney and myself working on the RFE to submit as early as possible(March 3rd week 2020 is due to submit).
Employer A submitted the revoke petition on November 4th week 2019 and my petition was revoked by Jan 1st week 2020.
How the case will proceed with Employer B?
Gopal,
Nothing to worry, it will be continued as you plan to submit RFE response. The withdraw from employer A will not impact you with anything.
My transfer got approved. My attorney submitted the RFE without informing me 🙂 on Monday and it got approved today.
Thanks all / Kumar.
Hi Gopal ,
Did you transfer without stamping ah ? I am also in same boat
My H1B approved for Employer A and the I-94 received with approval are valid till Jul 2021. My H1 transfer initiated as premium by Employer B got an RFE. Since I cannot buy anymore time for joining what will happen on below cases if I start to work on receipt for Employer B ?
1. In case of getting multiple RFEs and if adjudication goes for months, can I stay beyond 240 days and work for Employer B on receipt (even if Employer A revokes my petition)? Can I maintain my status by working on receipt like this?
2. Employer B is ready to re apply in case of rejection and not willing to send me back to home country. Employer B prefer that I should continue to work for them on receipt(s) until an approval is received. Is this a legal approach or will this impact my status and possibility of working on H1 ?
3. If I get a denial for the filling done by Employer B, can they reapply any number of times even if Employer A revoke my H1 ? Does the denial going to change my I-94 dates (of the approval I received with validity till Jul 2021) or will the denial impact my H1 status on both scenarios – when Employer A had revoked and had not revoked
1. Yes, you can. No 240 days rule for transfers.
2. The best approach is to work for A and move to B only after approval. The simple reason is, if you get denial with B, then you are in tricky situation.
3. They can re-apply, but the key point is that you would not be working for A, so there can be issues with the I-94…I would suggest you discuss with an attorney and clarify…
Always, get approval before you join the employer to avoid issues…It is simple and no risk option.
Please advise.
I am on h1b with company A. I have received two offers from company B and company C. Both of these new companies have filed for my H1 transfer under premium.
I have received approval with company B. I have also received a RFE with company C.
Can I join company B for few weeks until I get an approval with C and then join C immediately on its approval?
CGupta,
You may do that, legally it is possible…but, why would you want to keep jumping the ship for couple of months and again go back…Give it another month and get approval C and join them…See, if you can delay your joining date with Company B and get more time…It is up to your discretion… Always check with your attorney at C, where you want to join to be sure…
Hello ,
My H1B has been approved by Employer A. I got laid off and Employer A revoked my H1B and I applied H1 transfer through Employer B , been 9 months got an RFE, I am working on H1B transfer receipt till now.
Can you tell me if i can work more than 6 months on a receipt ?
Thanks In Advance
Shreya,
yes, you can. There is no restriction as such. The 240 days rule only applies to extensions.
Hello admin,
I am working for Tcs and h1 is picked Last year. After that I moved to Canada for one year to join family and now I am planning to stay permanently with my spouse by resigning Tcs. However I will loose my h1b visa once resign Tcs. Will there be any chances of transferring my h1b from Tcs to some other employer. Could you please advise in this regards. Thank you
If you get H1B stamped with TCS, then you maybe able to transfer H1B…otherwise, it is a grey area…
Hi,
I got approval notice (I -129) which is valid till Dec 2019. My employer is not sending me for stamping now. What options do I have? Do I need to apply extension post Dec 2019? LCA is valid till 2022.
Thank you in advance for your quick help.
Yes, you would need to ask them to apply for extension. That’s your only option…
Hi,
I got my visa extension approved by my current employer and visa extension and transfer approved by my new employer. I have a situation to travel to india next week cause of some emergency. So when i go to india can i get my new employers visa stamped and come back here and serve two weeks notice period with my current employer ? or if i get my visa stamped based on current employer’s petition, will my new employer’s petition will be cancelled? Please advice.
Thanks,
Swetha
Hi Kumar,
I have a stamped H1b visa but validity got expired on 14 Sept 2019.
Please note :
1. I didn’t travel to US because my employer was not having any projects for me to work. But they have shared hard copy of all the H1b documents (i797) with me.
2. Since my visa validity got expired am I eligible for cap-exempt ? If yes, please let me know the process.
3. Is it possible for you to help me on the list of companies who can help me to file for amendment ?
4. Any other risks involved ? Please highlight.
Thanks
PV
Hi ,
I got my H1B approved this year, but it’s CP and I don’t have a chance to go back my mother country to interview in a consulate. Is it possible to transfer H1B to a new employer without stamping/activating?
Thank you so much!
Hi
I came to know about intellitro, they are offering H1B Transfer, anyone has any idea about this company? is it worth to process H1B Transfer with them?
Hi All,
My H1B petition was filed for 2017 which got approved on May 2017. But my employer hasn’t informed anything, all I have is petition number . Is there anyway I can get it transferred to another the employer? Kindly suggest .
Well, it is slightly grey area…some had success transferring, some did not had success too as you did not had H1B status. You can definitely give it a try and file for H1B transfer…
Hi Kumar,
I saw the most important documents for H1b transfer is “recent pay stubs”, so do we need the dates after Oct 1st?
My current company keep my 1 month pay stubs, it means I have to wait until Nov 15th to get my pay from Oct 1st to Oct 15th.
If USCIS need 3 pay stubs after Oct 1st, I should wait until Dec 15th.
Thank
Anything that proves status is good enough. I am not sure, what you mean by keeps paystubs. You can request them to give you an employment letter or show your bank deposit to prove that you were employed. They should give you pay stubs when they pay you…not sure, what you mean…
Hi Kumar,
I think “keep paystubs” is normal situation. If you get paystub at Oct 1st, that will pay for my working time from Aug 15th to Aug 31st ( instead Sep 15th to Sep 30th).
Most people will have 2 week keeping paystubs.
Anyway, I saw the solution from your answer.
Thank
My H1B visa extension is in progress, can I transfer my H1B to a new employer?
And if in case my H1B transfer application is denied, Can I continue working with the current employer?
Yes, as long as you are in status. Yes, you can. I am assuming you would continue to work for the old employer when transfer is going on…
Thank you, Kumar.
I guess I will have to try to know how it goes.
Actually I found very less information on web for this particular scenario.
But I suppose there might be many more such cases.
Yeah, please do let the community know.
Hi All,
I fall into first category –
Scenario 1: H1B Transfer Applicant has never been to US, but wants to do H1B transfer to change employers
Additionally I do not have the I797 copy with me. My employer is reluctant and not sharing this with me. However I do know the petition number. Can I still apply for H1B transfer, based on only petition number?
Did you get H1B stamping by visiting consulate ?
No Kumar. Actually my H1B petition was selected in lottery in 2016. However after that no further processing has been done by the company that filed my H1B. So I never went for stamping.
I waited long enough for them to process it further, but now I am looking for other employers and they are asking I797 which I dont have.
This is slightly a grey area…There are some successes and some not successful cases to…USCIS would ask, if the H1B was activated or had status like by going for Visa stamping. ….Ideally, you would need the approval notice. But, there was one case from 2015, where one user was able to get it without that. Check H1B experience without approval notice
Hi,
My H1B validity with employer A ended on 6th July and same is the case with I-94.
Employer A filed an extension under regular processing on 25th June, where I am waiting for a decision and can stay up to 240 days.
Trying my luck outside, I got an offer from employer B on 10th July.
1) Can employer B file H1B transfer under Premium Processing ?
2) Will my pending extension from employer A have any affect on my H1B transfer?
3) Even if transfer for employer B is filed under PP, will it be on hold from USCIS until my extension is approved for employer A?
4) If I get any RFE on my H1B transfer, will my employer A be notified?
5) What if employer A’s extension gets rejected or if its withdrawn after employer B’s transfer get approved ?
1. You may apply for it, but because your I-94 is expired, you will be in bridge situation, meaning the petition from Employer A, also have to be approved for it.
2. Yes, that’s the bridge.
3. Well, I am not sure, how this will pan out, but you need the bridge petition from Employer A to be approved as well.
4. It is your employer’s petition, they dont have to by rule, but they may choose to.
5. This is the whole point of bridge, if your bridge is not approved, B will be rejected… Check Aytes Memo on Bridge
thank you so much 🙂
Hi Kumar,
My H1B validity with employer A ended on 6th July and same is the case with I-94.
Employer A filed an extension under regular processing on 25th June, where I am waiting for a decision and can stay up to 240 days.
Trying my luck outside, I got an offer from employer B on 10th July.
Employer B gave me an option to file H1B transfer under consular processing (PP).
1) I believe i will not have to travel for stamping until my H1B transfer is approved, right?
2) Is there any risk in getting the stamping done once transfer is approved? I read few threads stating the visa was denied during the stamping interview.
3) I am a developer with 8yoe but i have electronics engineering degree. I heard few rejections as the degree was not in computers. Is it a big factor and risks my stamping/approval?
Thanks for your help and prompt response .
1. Yes.
2. stamping always has its risks, no guarantee…
3. It all depends on the case and hard to say. Lot of these things are just perceptions as well…If your job is genuine and employer is genuine, you have a fair chance in stamping…
Hi Kumar,
Thank you for your help so far. I do have some follow-up questions. My current situation is:
I am working for Employer A ( H1B expired, extension filed under regular)
I got my H1B transfer approved for employer B through Consular processing( need to submit DS-160 for stamping)
Employer C will be filing H1B transfer through Consular premium processing in next 1 week
I want to join Employer C but don’t want to say No to Employer B until i get my transfer approved for Employer C.
– Should i submit DS-160 and take appointment for Emp B for now ? Will it have any impact if i submit another DS-160 for Emp C few weeks later ?
-Is it possible to change the petition no in DS-160 filed for Emp B and use it for Emp C as it will save me the waiting period of stamping appointment?
Please advice.
Thanks
Hi Kumar,
I got my H1B approved with employer A two days back. If I get a good offer from Employer B and if they are ready to sponsor and considering if everything goes smoothly when can I start working for Employer B?
Yes, you can. If it is new cap subject petition, you should ideally work for few days and then do transfer…
I didn’t understand completely. Can I start working for Employer B before October 1st? Mine was AD/PP/COS.
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.
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.
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.
Yes, but it would be one year increments, read the official document
Thank you so much.
Hi Kumar,
Does that 180 days period include only working days?
It is general 180 days, not just working days.
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. 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.
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. 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.
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
Great. that will help others. Thx.
Hope we are safe if we got offer from Emp C within 60 days after our last date from Emp A according to h1b-60-days-grace-period-uscis-rule. Please review it again.
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. 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.
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
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.
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?
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.
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?
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!
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…
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?
Yes, you can.
Thanks for the confirmation.
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
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
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.
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.
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 ?
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 !
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!
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.
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
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 ?
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.
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!
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….
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.
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.
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
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,
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.
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
Hi Ram,
Got any update from USCIS regarding your premium transfer?
Thanks
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
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.
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
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
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
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.