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 Sourabh,
I have a question regarding H1B transfer when the applicant is in India.
In Scenario 4, Do the applicant need to go for stamping even if he has Visa(not yet expired) in the passport with prev employer petition no#(Which is revoked) ?
Thanks in advance. Pls reply.
No new visa stamping is required as long as current visa stamp has not expired.
Thank you very much Saurabh
Hi Saurabh,
i currently have H1B which is sponsored by the company i work for in india- say Y.
I have been to USA twice so far on 2 assignments about 4 months each. I am now back in India and would like to know if i can transfer my H1B to any other indian company, (say Infosys/Wipro/HCL/ TCS etc or any other company ) if they are willing to transfer my visa) while in india. I believe i will fall under category 4 in the article u have written above.
The only thing stopping me from not quitting my current company is the H1B which i have finally got after multiple rejections in lotteries in the past few years. hence this question.
I would like to go again when my spouse travels and i hear that h4 to h1 is much tougher hence would like to wait until my spouses H1 visa is done by the company.
regards
H-4 to H-1 is difficult when a person has to go through the quota, as then the employer has to wait for quota to open etc. In your case you don’t need to be counted in the quota again, so H-4 to H-1 will much easier.
Hi Saurabh,
I had a question about H1 transfer. I was laid off from company A in early Nov 2011, who sent notice of my termination to USCIS. I decided to return to India to work with an Indian company and I returned in mid Dec 2011. However, company B (based in the US) just offered me a job that will begin in May 2012. My H1B Visa continues till Sep 2012, so I was wondering if I accept this job, will the company be able to simply transfer my visa, or will they need to apply for a new one, and I will have to wait till Oct 2012 to reenter?
Thanks.
Based on your previous H-1 approval, the new employer can file for H-1 transfer for you. You would need most recent paychecks for your H-1 stay, W2 for 2011 and A’s approval notice.
Hi Saurabh
I got my 3 years extension approval till May 2014 from USCIS in April 2011. for some personal reason and visa stamping purpose, I travelled back to India in May 2011 1st week . my client company didnt provide client letter for Contractors, so my stamping got rejected . In September 2011 I received a letter from US consulate that your employer is not able to provide job so we are denying it. I worked from home till September 30 th 2011 .
Here are my question to you
1 . Can I transfer my H1B to some other employer ?
2. Can I file new H1B petition through different employer in April 2012.?
3. or would US consulate reconsider my case if my current employer provides me a Client letter of some other client.?
Regards
Sidh
Hi,
I am on H1 with Company B (COS from L1 with A), its been less than a month and I have better opportunity with MNC “C” who are willing to transfer my H1, I dont have paystubs with B yet , will there be any problem if i cant produce the paystubs with B (I have pay stubs for 2 years till Dec. 2012 with A).
Can H1 be rejected for new company B ? What are chances ? What happens to my existing H1 then?
Thanks,
-Madhu
Can H1 be rejected for new company C (not B) ? What are chances ? What happens to my existing H1 then?
Yes, payslips from B are mandatory as you have worked for them for 1 month now. Without that, your H-1 transfer will not be approved. In case of denial, existing H-1 will not be impacted.
Remember, on H-1 one needs to get paid all the time in order to maintain legal status in US.
Hii all
I am travelling home on emergency. My new employer is saying that he will initate the H1b transfer while i am gone and have approval notice with premium process. I am submitting all the required docx while I am here. I have valid h1b stamp in my pp until 2013. Is this possible??
Yes, H-1 transfer can be filed while you are outside of US. You don’t need to go for stamping. If you plan to work for new employer on your return, then you should use that petition at PoE.
I got H1-B Visa and stamped on oct2011. It is valid for 3 years.
I am working in MNC Company A in India. I got good offer in Company B in India.
Company B wants to transfer my H1-B but till i never visited US and no US
payroll payslip.
Here my question is ,
1. Is it possible to transfer my H1-B visa by company B ?
2. Can I get job in US directly by using this Visa ?
3. Any possible to cancel my H1-B visa by Company A?
Please advise me on this…
1. Yes
2. H-1 can only be filed by companies that have US offices, but I think you are referring to companies that are primarily based out of US. The answer is Yes, they can file H-1 transfer for you based on your current approved petition. However, that’s not as easy as finding employers that are primarily India based and have US offices.
3. A can withdraw the petition. However, even after it been withdrawn, B can file H-1 transfer for you. In addition, as part of their exit policy, A can send your passport to consulate to cancel your H-1 visa stamp. In this case, you will have to go for H-1 visa stamping again once you an approved petition from B.
as in this example, to cancel the VISA stamp, company A has to send the original passport to US consulate. Is it possible with out a original passport.
The employer would need the original passport in order to cancel the visa stamp.
I was on h1b status with a Company A and it is valid till Sep 2012.After Aug 2010 i got full time offer with Company B and worked on their payroll only for couple of weeks(Till September 2010) and due personal reasons i had to come to india and got my Visa stamped with Company B but never returned back to US.
1) I came to know that Company A did not terminate my h1b so will my h1b still valid ?
2) Since i have Visa till Sep -2012 do i have to go for Stamping again if i want to come back to US?
1. If they haven’t sent a request to USCIS to withdraw your petition, then it must still be valid. Irrespective of it’s validity (or for that matter B’s petition validity), an old or new employer can file cap-exempt petition for your (aka H-1 transfer) as long as you have a copy of the approved petition. If the petition is still valid, then you can use it to work for A, if they are still planning to hire you.
2. No need to go for stamping as long as the current visa stamp is valid. Just ensure you have a valid petition for the employer you plan to work for.
Hi Sir,
Please give me suggestion.
I have H1B filed on 2010 from Company A and got VISA till 2013. I worked with Company A from Feb 2011 to Oct 2011. My petition was revoked by USCIS on Nov 2011 as my employer A has not replied to notice. Now I returned to India on Nov 7th 2011 and its been 2.5 months. Now I got a sponsor B and applying h1B.
My Question;
1) Can I use my old Visa to re enter US with new Petition B? Is that legal in my case?
2) What question can be expected at POE and docs?
Please reply me. Thanks in advance
1. I don’t think you can use the old petition as it was revoked by USCIS. You have to go through the quota again
2. You may be asked about your new employment and also the past one. Regarding past one, remember to keep all payslips until the time you left US, W2, and any communication from USCIS that shows when your petition was file and when it was revoked along w/ the reason.
Thanks for your reply.
My Employer said I dont have to go through the quota even though my previous petition revoked which is true.
My question now is Can I use my old VISA(which is valid till 2013) with new petition that is filed recently.
Thanks
Actually my opinion is different from your employer’s. Once the petition has been revoked by USCIS, it cannot be used to file another cap-exempt petition.
Regarding the visa – as it was based on a petition that has now been revoked, its better to consult an immigration lawyer about it’s validity. I am not sure if it is a good idea to still use that visa stamp or not.
Thank you Saurabh.
Hello Saurabh,
A popular law firm Murthy suggests the transfer can be done even after the petition has been revoked. I am not sure if this is true.
Thanks
This is my understanding – when USCIS revokes a petition b/c they found employer ineligible for H-1 or have committed H-1 irregularities, then the person is no longer considered to have made through the quota as the petition should not have been approved in the 1st place. When USCIS revokes the petition, because the employer no longer wants your services, then you are still considered part of the cap.
Talk to a lawyer about the specific case and if they say that cap-exempt petition can still be filed, then it’s good. If you are referring to someone’s posted response on Murthy forum, then that’s as credible as mine. However, if you are referring to an attorney’s post/article about this, that’s definitely more reliable. Again, specifics need to be discussed w/ an attorney.
Hi Saurabh,
I read this in an article by an attorney….
here is the link:
http://www.murthy.com/news/n_h1afre.html
Thanks
Can you point me to the exact text where it says one can use the old petition for cap-exempt purpose even after USCIS has revoked it?
I am sorry Saurabh, it is probably not clear whether one can use the old petition after the initial 221 G refusal or revocation of petition! I retract my statement!
Thanks
Hi Saurabh,
My new petition was approved for 3 years yesterday.
Do u think I can use my Visa which is valid to re enter US?
Thanks in advance. Pls reply
Regards,
Vinay
You can use the new petition and current unexpired visa stamp to enter US.
Hi Vinay,
Can u pls let me know why your Approved H1B petition was revoked. Is it possible for USCIS to issue notice even after VISA is approved.
Thanks,
HR
Has anyone used IQ Tech Pros for H1 transfer?
Hi Saurabh,
H1b filing starts from april1st 2012. If my employer applies new h1b in 1st or 2nd week of April, can we assume that my application wouldn’t fall into lottery category?
Can my employer apply for premimum processing (new h1b). He said that its not applicable for new h1b. Is that true?
Lottery is conducted only when USCIS receives more petitions than the number of available cap slots. Looking at past two years and current market situation, I don’t think there would be any lottery in the month of April.
Even a brand new petition can be filed w/ premium processing. Your employer is incorrect in saying that new H-1B cannot be applied w/ PP.
My H1-B is being transferred from company A to company B.
I have a valid visa stamp from company A which expires in 2013. I would not have the approved H1B petition from company B prior to my travel to India.
Can I travel to India in feb 2012 with just the H1B filing receipt from company B and the old I-797 ( from company A)?
Thank you!
As you don’t need to go for stamping, you can do that. While returning back you will have to show A’s petition at PoE if B’s petition is not approved by then. As a result, you will be issued I-94 until A’s petition expiration date even though B’s petition may get approved for a longer duration. One way out is to upgrade B’s processing to premium processing so that you can use B’s petition while returning to US.
Thanks for your reply!
Is it alright to show A’s petition at PoE even though I would have resigned from A and not yet started working at B?
Basically I plan to resign, go to India and then start work at B. Is this possible?
Thank you very much!!!
If you have resigned from A, then you should not show A’s petition at the PoE. I thought you are still employed w/ A even after filing H-1 transfer.
Only show the petition of the employer you are currently working w/ or intend to work w/. To get B’s petition in time, you will have to upgrade your case PP.
Hi,
I have H1B visa stamped in my passport from my previous employer and its valid through May2013. I changed my employer in June2011 and got my H1 transfer approval in Aug2011. Now can I travel US and would there be any issues in re-entering US with the same H1B visa in my passport from my previous employer? Should I carry any other documents which would be needed at the Port of Entry?
Do I need to appear for visa stamping for the new I-797 approval (H1 Transfer) or since the current visa is still valid, stamping is not needed?
Thanks in advance!
You don’t need to go for H-1 visa stamping as long as your previous visa stamp is valid. You can enter US using the old visa stamp and new 797. You may be asked about your new employer, role, projects etc. Also carry employment documents related to the new employer.
Thanks a lot for your reply Saurabh.
Ok. I will carry Previous Employer’s H1 documents, current employer’s H1 approval ntocies & I-129, Recent Payslips. Do I need to carry anything else apart from the above?
Is there any risk at Port of Entry whern I enter US with the valid visa from previous employer and current employer’s H1 transfer approval documents? FYI: I am working as a Direct Full time employee with an end-client and not through any consulting firm.
You should be ok as long as you have employment documents from new employer and visa stamp from old employer. Also keep your employer/attorney updated about your travel plans so that they can vouch for you in case PoE officer decides to make additional checks.
For the peace of mind, you can check the same w/ your attorney as well.
Thyanks Saurabh for your reply.
Is it normal that previous employer would have revoked H1 visa when I resign and join another employer in US? When do they revoke the H1 visas?
Should I need to worry if this could a potential issue when I re-enter US with previous emplyer’s valid H1 stamp and current employer’s I797 apporval notice? Is there a way to croos check if my previous employer had revoked my H1 visa?
Thanks again!
At times, old employers send a letter to USCIS to withdraw the petition. Some do it to follow the process, while others do it as part of retaliation.
As long as you have the new 797, valid visa stamp and other related documents, you should be fine. Did you check w/ new employer’s attorney?
Hi,
I have an H1B approved on NOV2011, my current LCA is for location x and client x, But i have to travel to location y for client y, my job profile and duties remains the same, since its only a change in location my company as initiated a new LCA for the new location.
Kindly clarify me on the below
1. Will my old LCA(approved with petition) still be valid after i receive new LCA for location change. I ask this because i may have to work for Client X sometime later, in that case do i have create / post a new LCA again or my petition LCA will hold good)
2. For change in location, a new LCA will suffice? Or do i have to carry any other supporting document during travel?
1. Your old LCA would still be valid
2. These days, USCIS and consulate ask for H-1 amendment whenever LCA is modified. I have seen few recent cases where 221g was issued b/c LCA and I-129 were out of sync.
Hi,
I have a newly approved H1B (approved on Jan3rd) and I found a new opportunity right now. So I want to do the H1B transfer ASAP.
I thought the case # (Receipt #) is enough for transfer, but looks like the new company prefer having the I-797 notice with the petition.
What if I insist of doing it with only the case #, how much different it’s gonna be??
Because the notice is mailed to my old company ‘s lawyer and I guess they have noticed about my transfer. I am just worried that they might intentionally delay my transfer process by not giving me all the documents.
I do not know whether having no I-797 means more risks of being rejected.
Thanks!!
Anybody can help me ??
Hi Jane,
So you have got any company to transfer your H1-B?
Regards
Divya
Usually receipt number is sufficient, but recently I saw few RFEs where USCIS asked for a copy of approved 797 (which I think is redundant as they can get that copy from their system by looking up the receipt number). So your new employer’s opinion is pretty valid in current scenario. You can try to convince the new employer to file w/o 797 copy, but if they don’t then you will have to get the copy from old employer.
Are you currently in US or outside US? You can tell the old employer that you plan to go for stamping and need copy of 797 for stamping purpose. I know it’s a lie and unethical, but if the old employer is not willing to share the copy w/ you, then you have to rely on plan B.
Hi,
I have been in the US for 8 months now. I have all my pay stubs with me. I have found a better employment with a better salary with a different consulting company. They have provided client contract letter and along with all necessary documents filed for my H1B transfer.
The document was send on 07 Jan 2012 via FedEx and it would reach USCIS today (09 Jan 2012). It is filed under premium processing. I believe it will take at least a week or 10 days to receive a receipt number (EAC#) from USCIS.
However, my employers, based on discussion with attorney are telling me that I can start working as soon as we have the FEDEX confirmation that the documents were delivered. They are asking me to initiate my notice period now.
What do you think?
In your experience, is it legal to start working for a company just with a FEDEX confirmation? I would appreciate your help and advise on this! Thanks!
Regards,
Vasu V
Legally, one can start working for new employer once the petition has been received by USCIS. The only drawback is that in case transfer is denied, then you will have to go back and work for old employer or immediately file H-1 transfer through another employer.
Thanks! that helps!
Hi,
My H1 is expiring on Mar 31st 2012, my employer is going to apply for extension in this week or next week. I have a family commitment and need to travel to India on Mar 1st and can return back to US only on Mar 18th. 1) As per the rules am I allowed to travel after extension is filed and come back before the current visa expires ?. 2) Should I ask my employer to apply for premium processing and then finish the stamping and can come by Apr 1st only ? 3). If my employer is not ready to go for premium processing, can I go for H1b transfer to some other company. Please advise. I need to make some decisions very quickly.
Thanks
Iyyappan
1. Yes, however your extension of stay would be abandoned once you leave US and your extension is pending. Your 797 would continue to be processed even after you have left US.
2. That would be better. You would have the extension is hand by the time you return to US and can get a longer I-94 based on the extended 797
3. It is an option available to you, and it’s up to you whether to go this route or not.
Thank you Saurabh. When you say “extension of stay would be abandoned “. Does that mean I have to leave US after Mar31st when my current VISA expires and return back after my 797 is approved. Can you please explain your reply no.1 little bit more detailed . Also please let me know if I can
handle this anyother way that I can work here atleast from Apr 1st. Thank you
When you return on Mar 18, you will be granted stay until the expiration of your 797. If your 797 has been extended by that time, then you will be granted I-94 until that date and you can stay until that date. If your 797 has not been extended by that time, then you will be granted I-94 until your old 797 expiration date (which I assume is Mar 31) and you will be given I-94 until that date. So you will have to leave by Mar 31, or immediately file for extension of stay.
Does that answer your question?
Thank you Saurabh. That answers it. To confirm my understanding, you said even after returning by Mar 18th and with 14 days left for my old visa expiry , I can file for extension and continue to stay without issues right ?.
Yes, that is correct. You can also consult your attorney about it.
Thank you Saurabh for clarifications.
Hello there, my husband holds a green card and has a previous B1 visa that is still valid until 2015 he also holds a green card from US. His green card has recently expired and we have started the process of renewal. His petition was approved and he has his paper I-797 approval from USCIS, expired green card, valid passport, and old passport with valid B1 visa in it. We are planning travel to India from US on British airlines and have heard that they will not take the paper I-797. My question is, can he use his old business visa to travel on the British airlines to travel to and from India and then use the I-797 through immigration in the US. The other alternative we have been told is to travel using American airlines that accept the I-797 for travel. Your help is greatly appreciated. Thank you kindly-
AFAIK airlines need some sort of documentary proof to show that you are eligible to travel to and from US. Different airlines accept different documents.
I think you can show B-1 visa stamp to the airline to board the flight, and when you reach back US you can show the 797 at the immigration check. You can check w/ the airline as well. I am not sure if the immigration official will accept paper 797 and expired GC to admit you.
Thanks for your response, and all the helpful advise you provide.
Have a nice day-
Hi sir,
My H1B petition is showing as initial review till.
When can I except the date for the interview ? Also what about the H1B visa rejection at chennai consulate?
Sunny
At the moment, petitions are taking 5-6 months to get processed. When was your petition was filed?
You can schedule the interview once your H-1 petition has been approved.
Sir,
From the USCS website status, I can see the below details
**************
On November 17, 2011, we received this I129 PETITION FOR A NONIMMIGRANT WORKER
****************
Also what about the rejection status at chennai US consulate once the petition is approved.
sunny
It was received by USCIS in Nov, and so you should see some movement in Feb-Mar. At the moment, they are processing petitions from Jul-Sep time period.
Chances of success would depend upon
– your profile
– your employer’s credentials
– offered H-1 position
– employment set-up (EC, EVC etc)
There is no one size fit all answer to this question.
Hi Saurabh,
I am currently holding L1B visa and working for MNC in US. This L1B is valid until Nov 2012. My company is going to apply for new H1B on 01 Apr 2012. I heard that the new H1B will be valid from only 01 Oct 2012 even it is processed with premium.
I have below questions:
1. If my H1B is approved in June 2012 with validity as 01 Oct 2012, how my status will change from L1B to H1B?
2. If I get good offer in June 2012 can I transfer H1B to new employer and work from June 2012 itself or I need to wait until 01 Oct 2012?
How can I apply for Change of Status and I94 to H1B on 01 Oct 2012? Who will do that? will it be by employer or me?
Thanks
Kishore
1. The H-1 employer would file H-1 petition w/ COS and submit Oct 1, 2012 as the start date (that’s the earliest start date allowed). Assuming USCIS approves the petition w/ COS, your status would remain L-1 until Oct 1, 2012 and change to H-1 that date onwards.
2. You have to wait for Oct 2012
Does that clarify?
Yes Saurabh it does, Thanks a lot.
Hi Saurabh,
I am looking for you advice:
I do have my H1B visa validity till September 2014.And right now i am in US working for company from Jan 2012. I am thinking to shift company A after some months(probably in 3 months). What are all the things do i need to do incase if i shift to companyB?
Will it be a good decision if i join to CompanyB in terms of visa validity? Some of my friends says that during the H1B transferring process, USCIS may cut the visa validity period or they may reject it. Is it true?
Kindly advice me!
Thanks
Asha
To move to B, you will need following:
– payslips from A for the period you were in US
– all other documents required for regular filing – list similar to what was for A’s petition filing
Once the documents are submitted, USCIS will adjudicate the petition and make a decision on how long petition should be valid. They can issue a 3 year petition or shorter duration one based on:
– what your employer has requested in I-129
– what USCIS seems appropriate based on submitted documents like client/project etc
So it’s not necessary that USCIS will issue a shorter 797 duration for B. It would depend upon what’s submitted along w/ the petition. Does that clarify?
Asha ,
Atleast you need 2 payslips from your company A before you transfer the H1-B.All the best!
Divya
Hi,
I have a question regrading H1B transfer.
I filed a H1B in November with company A and it got approved couple days ago, and I need to transfer it to another company B.
This is a totally brand new H1B, so which means I have never used it and I have no pay stub under this H1B.
So when I am doing the transfer with company B, the pay stub will be something missing. Is that fine?
I think that should be OK for the new H1B case.
Thanks a lot for your answer!
Are you currently in US or outside US? If outside US then this is doable. If you are currently in US, then what was your status prior to this H-1 approval?
I am in US, and my status was OPT before this H1B.
In that case you will have to submit your recent W2 and payslips from your OPT period.
Hi Saurabh,
Last Aug (2012), I and my family went to India for vacation and went for stamping for Company A (H1 Extension) and visa was stamped till Apr 2014 for me and family. After I came alone to US and transferred H1 (got approval till Dec 2012) to Company B and just joined Company B. Now my family plans to return back to US. My understanding is that they can travel with existing visa and my new I-797 approval notice. But Company B asks them to go for stamping again.
Shall they travel with existing visa and new I-797 approval notice?
Thanks in advance,
Amy
As long as the old visa stamp is valid, one can travel on old visa stamp and new petition. I am not sure why B wants them to go for stamping. What is the lawyer saying?
Hi,
I am currently on L1 visa and it is getting expired on july 2012 although my I97 is till last of Nov 2014.
I since i need to travel in every 6 month then it will expire.So my doubt is
1.Shall i apply new H1B visa in march/april whenever new quota starts through my employer or shall i extend my L1 visa here(i heard that L1 rejetion ratio is very high).
2. Can i again apply for extending L1 visa although i have a valid I97 till nov2014.
Please keep in mind that i am not changing my employer it is the same employer in every condition.
I don’t want to go in a situation where i travel to India suddenly and stuck there.This my happen if i will depend only on I97.
Is it possible to do all this exercise being in USA only??
Thanks in advance.
Regards,
Abhay Kumar
This is what you can do –
1. Ask the employer to file H-1 for you w/ COS in April/May
2. Ask the employer to file for L-1 extension for you before July 2012. This will allow you to continue to work on L-1 even after July 2012
3. Once your H-1 gets approved w/ COS, your status would be H-1 and you can start working on H-1
4. Once your H-1 gets approved, ask the employer to withdraw L-1 extension so that your status doesn’t go back to L-1
You don’t need to leave country when doing the above, as long as H-1 gets approved w/ COS.
Hi Saurabh,
so i can file L1 extension fom USA although i have a valid I97??
Regards,
Abhay Kumar
Yes, you can file for extension even if I-94 (I assume this is what you are referring to when mentioning I-97) is valid. I-94 governs one’s stay in US and not work authorization which is governed by I-129. And your L-1’s I-129 expiring next year, right?
My L1 visa is expiring in July 2012 and my I94 is valid till Nov 2014.
So wanted to know whether i can apply for L1 visa extension or not from USA so that i can go and come to USA any time.
One more thing approx how many month before shall i apply for extension so that it will go through by July??
Thanks again for your help..
Extension can be applied 6 months in advance. So you can apply 6 months in advance to get result by July.
However, if the plan is to move to H-1 from Oct and have L-1 extension just as a placeholder to allow you to remain and work in US until Oct, then you can file for extension in May-June as well and then withdraw it (as mentioned in my 1st post).
Hi,
I am on L1 and have a approved H1, I am in my notice period and will join the comp B next week, if another company (which i am interested in joining) wanted to apply for H1 transfer will there be any problem considering comp B has my H1?
Can C apply for transfer any time ? on there own ?
regards,
-Madhu
C can file for H-1 transfer for you anytime. Besides submitting the regular H-1 documents, you will have to submit recent payslips from A and B (depending upon how much time you spent w/ each of them in last 3-4 months). Was your H-1 approved w/ COS, and if yes, then what’s the COS approval date?
the approval date is 7th and i will be joining them on 9th… its with COS … and as of now my L1 company is ready to transfer H1.. Do i need to update B (who has H1) (until transfer approved) ?? B is fine if i work with A for another week as long as I am in notice period.
-Madhu
A can apply for H-1 transfer and you can start working for them as soon as the transfer receipt is received by USCIS. You don’t need to get B involved as long A’s petition is filed immediately. If there is a delay in filing, then your H-1 status would start and you will have to work for B while A is working on their petition.
Nice, thanks for response.
Do you see any complications that B can create ?
I really appreciate your time and dedication in answering all the questions here.
Its making a difference for this star fish 😉
As long as you haven’t signed any legal documents w/ B, you should be fine. They may still go after you for the H-1B related expenses, but I don’t think that would be upheld in court of law.
Hi,
I am on H1B with Employer A having validity until end of feb next year and will be joining a new employer B in next few weeks. I am currently in USA but my wife has gone to India for a vacation. Incase my wife is not able to get her visa stamping done with my current employer A for any reason. Can she get the visa stamping from Employer B as she is already having a valid I797 form valid until 28th Feb 2013 (obtained from Employer A) and then get her visa transfer process done once she is here in USA.
Thanks,
NNB
She should go for H-4 stamping through the employer you are currently working w/ and plan to work for next few months. The reason being you will have all the supporting documents, and in case 221g is issued you can get in touch w/ the employer to get them.
So if you are planning to move to B, and your wife goes for H-4 stamping through A and 221g is issued, then A will have no interest in providing the documents to resolve the query as you would have left them. So in my opinion, you can join B and once their petition is approved then your wife goes for H-4 stamping through them.
Also, in case your wife goes for H-4 stamping through A and it gets approved and later you move to B, there is no action required w/ regards to your wife. She can still enter US on stamped H-4 visa showing the current 797. She would be issued an I-94 on the basis of shown 797.
Thanks Saurabh for clarifying the above points.
Hi saurabh,
I have a question.. I am in deep confusion now.
I had my visa stampping for h1b for the first time last year on Jan 5th,2011. I got it rejected. They said they are sending the case to USCIS for further consideration in March.
Then i cam to US on H4 in June.Then i got a different employer who applied for my H!b which got approved in Oct ,2011. Now am working for the new employer since Nov.
Suddenly my old employer says my old H1b is reaffirmed and i can work for them again.
Now i am scared if i am deep trouble with my new job i am presently working. Will my new H1b be cancelled as old H1b is reaffirmed? I dont want to go the old employer. Please reply. Am i n deep trouble now?
You can continue working for new employer and not care about the old employer. Old petition’s reaffirmation doesn’t invalidate your new petition. Basically you now have a choice, whether to work for old employer or continue working for new employer.
Ok thanks a lot Saurabh…you are of great help!! Appreciate it!
Hi Saurabh
My H1B was expired three months ago and my current employer has filed the extension . I am still waiting for the result. Now i got a job in another company B.Now can company B file the H1B transfer while the extension is going on parallel for company A. Is there any risk for h1B transfer to company B. Please clarify me
The H-1 transfer can be applied, however as your I-94 has already expired the transfer would not come w/ an attached I-94. Which means you will have to go out of country and re-enter on stamped H-1 visa to obtain a new I-94. If the transfer is filed after your extension has been approved, then the transfer will come w/ an attached I-94 which you can use to continue to stay and work in US for the new employer.
Hi Saurabh
is it mandatory to go out of country and get stamped to work for new employer if the transfer is done prior to the extension.?
If the new 797 comes w/ I-94 attached at the bottom, then you can continue to work in US on H-1. No need to go out of the country for stamping yet.
Hi Saurabh,
Thanks for the reply. Appreciate that. I have checked out the company h1b filing details in myvisajobs.com. I could see 20 h1b filed out of only 1 denied in 2011.
I checked with them and they mentioned that they had done filing for candidates who are present in USA (not from india) and one b1 to new h1b.
Considering myself on B1 at the time of application( on april 1st 2012) , do you find the statistics OK for my New H1b approval? Please let me know.
Usually B-1 to H-1 filings carry more risk, especially if applied w/ COS. USCIS can question the intent of the person as B-1 is meant for a different purpose and should not be used to land in US and file H-1 to avoid H-1 visa stamping.
Well I am going on project work on B1. At the same time of H1b filing date, ie april 1st 2011 I would be still there as my tenure is valid till april 30th.
So would that be an issue as it was not on purpose of filing h1b, I had come on B1.
The employer would show that my services are required for a client due to my expertise in various skillsets and its long term. Some of that sort though.
B-1 visa is to be used for purposes of attending meetings, conferences etc. I don’t think B-1 can be used for doing project work for a client (that’s what go a big IT company in to legal troubles in US) as that undercuts the wages.
If H-1 w/ COS is filed within 30 days of you entering US on B-1 visa, then there is a high probability of rejection as USCIS would question your intent and determine that you misused the B-1 visa. If you file for H-1 w/ COS after 90 days of entering US on B-1 visa, then chances of denial (because of this intent reason) are lower. The petition would also undergo rest of the approval checks, just like a regular petition.
Does that clarify?
Yes got it Saurabh.. Thanks again.
I have my I-140 approved with employer A and got an offer with employer B, if I shift now, do I need to reinitiate PERM and 140 process again or can I-140 approved application gets forward to employer B and can start with I-485 process with B right away.
Thanks,
Employer B needs to file PERM and I-140 again. However, priority date from the old approval can be ported to the new filing. Talk to B’s attorney and find out if it can be ported.
Hello Saurabh,
Like we discussed before, company A was changed name to company B, B was merged by company C, I went to apply the Visa stamp today, submitted the 797, 129 copy, company name change legal certificate, the officer didn’t ask for offer letter, my stupidity is that I didn’t hand in! My passport was kept by consulate officer and told me: shouldn’t be a problem but will check the company information. Just want to ask if it is ok without offer latter submission.
Thanks/David
It should be fine even w/o submitting the offer letter. If they really needed it, then he would have asked for it along w/ rest of the documents.
Hi Saurabh,
I am going to US on b1 visa. My company has supported documentation for it.
Should I buy an open return ticket keeping in mind my company might extend my b1 later after 3 months stay in USA.. Please advise me the best.
Will they issue for 3 months initially ie at POE ?
I would suggest buying a return ticket as well, as it would help at the PoE. The PoE officer will issue I-94 based on what s/he thinks appropriate based on the submitted documents and reason for travel. Also, even if the employer files for extension you don’t know if it will be approved or not. So it’s better not to rely on that. You can change the flight once your stay gets extended. That’s my opinion.
Is your B1 visa already approved?
Its always advisable to carry the return ticket at POE when travelling on B1
hi jithendra and Saurabh,
yes I have my b1 approved 3 years back. I have 7 years validity on it. I Had been to USA on b1 for 2 weeks earlier (3 years back).
i would be leaving this month end. I received a invitation letter from employer that i would be going for Requirement gathering / Project discussions for a period of 4-6 weeks. I have return ticket booked for 3 months (it can be preponed). My employer said if we say 4-6 weeks required the officer will stamp for 3 months. Is that how it works? I want to stay minimum for a period of 3 months. Please let me know the best way to answer at POE
Hi Soujanya,
If you’re working for an IT company please be informed that recently many people faced issues at POE with plans for 3 or more months of stay on B1. Its always safer to have plans for 4-6 weeks only to be on a safer side due to misuse. If you have a 3 month plan, do carry a return flight ticket.Specially if POE is Boston or NYC. The stay you get depends on the officer’s mood.For my case ( 6 months back) I got stamping for six months when my plan for just for 4 weeks.I would say its all.But since you have travelled to US before you have a good chance here again.All the best.
Hi Saurabh,
My last day with employer A is 3rd feb which is Friday. Can I leave the country on 5th Feb i.e. Sunday?Keeping in mind I will not be employed on 4th & 5th feb. I will be joining my new employer only after coming back from India….Will there be any issue in staying till 5th feb??
That should be fine.
Hello!
Currently I’m on H1b visa (direct employer type) and found out I will be let go on the 13th January; my last paycheck will have 13th Jan date.
I was just offered a new employment (direct employer) and they agreed to do the Visa transfer for me. So my question is, when can I start working with the new employer?
From my understanding, I won’t be out of status until the 13th, and if the attorneys at new employer filed the transfer on or before 13th, I should be fine? Please advise
Thanks!
You can start working for the new employer as soon as USCIS receives their petition. You will be out of status if you don’t start another employment by 13th.
Hi Saurabh,
I came to US on F1 and was working on OPT. Now got H1B approved and rightnow working on H1B for company A. I have not get my H1B stamped yet. I got an offer from another company B. Can H1b transfer be possible to company B without H1B stamped on my passport?
Thank you,
Ameet
Yes, it is possible.
Sub: Clarification / advice regarding filing H1B amendment
I got my H1B Visa stamped on Nov29-2011till 2014 for client A (my LCA JOB title was system Analyst for location X ). Now I have to travel for another Client -B, My employer has generated an LCA for Client-B’s location Y with JOB title as system analyst but Client B is not accepting to post LCA with system analyst as job title as they dont have such designation and asked to change the JOB title as Software Engineer. This needs and amendment to my H1B?. My employer is ready to file amendment but i am concerned on the same. Kindly guide / clarify me on the below queries
1. Duration for approval of amendment petition if filed as premium case?
2. Is there any chances of denying amendment petition? If so will my stamped visa be valid?
3. Is there any risk in filing amendment petition?
4. Will my Visa stamping date change if amendment is approved for only one year?
Kindly clarify me on the same.
Thank you!
1. 15 calendar days
2. I doubt if they would deny the amendment as long as the project/client/employer are credible and you are qualified for the offered position.
3. No. On the contrary it is good that amendment petition is being filed for the new client. Off late USCIS and consulate have become very strict about amendments and issue RFEs/221g when amendments are not fled.
4. No, it won’t. Your stamp will not be impacted by the duration of new 797.
Thanks for the reply!
I am home country wright now, If i file an ammendment for my H!B do i need to get my Visa stamped again?
Just want to confirm on this.
Thank you!
If the current visa stamp is valid and has not expired, then you don’t need to go for H-1 visa stamping again.
Dear Saurabh,
I am planning to attend for H1B visa stamping in Canada. If can’t get the required appointment dates, can I use the same DS-160 form and MRV Fee receipt to take appointment in India. Is there any issue doing so?
Also please let me know which type of visiting visa is required for visiting Canada for my H1B stamping?
Thanks a lot in advance.
Srivastav
I don’t know answers to either of your questions.
Hi Saurabh
I am currently on Extended OPT but got my H1B approved from Dec 9th, however its being approved for 1 year only my employer had requested for 3 years as per the I-129, how safe it would be to travel to your home country for stamping in this situation.I have another employer who is ready to transfer my H1B with a direct client with a project for 3 years , will the new transfer have the same expiry date as well or is there any way to extend it with the new transfer.
If a new employer files for H-1 now, USCIS would issue a 797 based on what the other employer requests and what USCIS seems appropriate based on the submitted documents. So yes, it can be for 3 years.
When you go for stamping, you will most likely be issued a visa stamp until your 797 expiration date. Same goes for your I-94.
I got H-1B Visa and stamped for 3 years. It was processed by company A (India). Now i got offer in company B (India).
Till I didn’t go USA. I am in India only.
1.Is it possible to transfer my H-1B by Company B ? 2. Is it possible to cancel my stamped visa by company A ?
B can file a cap-exempt petition for you on the basis of already approved petition. A can ask you to submit your passport as part of their exit policy and then submit the passport to the consulate to cancel the visa. In this case, you will have to appear for visa stamping again through B.
Hi Saurabh,
Company A holds my H1-B visa (stamped till Sept 2013) and Company B has filed H-1B transfer under premium process (on 16th Dec 2011). I hope petition will be approved in another 3 weeks’ times. I have planned to visit India with my family in February 2012. Company B asked me to join after my India visit.
1) Can I travel to India on Company A H1-B petition after Company B H1-B transfer approved?
2) Do I need carry copy of new I797 (new H1-B) with me while travel?
3) Any other documents need to carry with me while travel?
Thanks for your help in advance
1. Yes
2. If you have it, then you can carry it
3. Your employment related documents, 797s, payslips, W2s, employer contact information
When you return to US, you will be issued I-94 until the expiration date of the 797 you show at PoE.
Hi Saurabh,
I got my H1 visa approved (H4-H1) recently in this year’s quota and my starting date would be in Jan 2012. Now, is it necessary for me to withdraw my old H4 petition, or is it taken care automatically?
Do you mean you filed for H-4 extension? If yes, then yes that needs to be withdrawn. If no, then there is no action required on your part. Your status would be H-1 from Jan 2012 and you need to start getting paid from that date.
Hello Saurabh,
I got a 221 G H1-B visa refusal (EVC) model, through my current employer. The reasons were non-satisfaction of Employer-Employee relationship criteria. Now my case is sent back by the Hyd Consulate to the USCIS for revocation, in anticipation of NOIR/NOID. I read somewhere that the only way around this is shifting to a new employer by filing a new H1-B petition OR transferring the currently approved I-797 to a new employer. Is the second option a valid one?
A new H1-B will take atleast 4 months even with Premium processing, plus client is not willing to wait that long. Please advise.
Yes, they are valid options. Either a new employer can file a brand new petition for you (not possible now as quota is over) or apply for H-1 transfer using the already approved petition. However, it may not be possible to do the transfer once USCIS cancels the petition.
Once you have the employer, it may take around 1 month to get H-1 approved under PP (assuming no RFE).
Scenario
I was in F1 Status OPT( Optional Practical training) untill December 31st 2010, got my first H1B approved on May 31st with compamy A, I had a H1 Transfer with premium processing on August 8th to another company B, On August 11 had a RFE to submit client letter and most recent paystubs, my new employer B when he submitted the RFE, forgot to submit my most recent pay stubs, when I received the H1B document in mail, in I-797 document it is mentioned as H1B Petition is approved without I-94 and asked me to go for consulate processing in the Home Country( India). and received an addtional letter from USCIS, as the decision leaves the alien without lawful immigration status due to failure of submission of most recent pay stubs. you are supposed to leave the united states in 33 days, this decision may not be appealed, however if you disagree with the decision and have evidence to prove it, you can apply for I-290 B
Present Scenario: I had all the required pay stubs and submited I-290 B with missing pay stubs. ( it has been 75 days I have submittedI-290 B but havent heard any response)
Question 1: am I eligible to stay in U.S. and work in the present scenario for employer B ? with I:290 B applied (H1B approved without I-94)
Question 2: employer A has my Approved h1B petition with I-94 which is not yet cancelled, can I go back to Employer A and start working for him ? is my Employer A petition still valid ? is employer A supposed to file any kind of amendment to take me back in ?
Question 3: if I am planning to go to visa stamping with employer A petition, can I go to any other country other than home country even though it is specifically mentioned to go to home country in Empoyer B H1b document
Question 4 : can I go stamping for Employer B petition to any other country other than home country even though it is specified to go to home country.
I have been talking to many immigration lawyers but havent got any kind of clear answers, your perspective on this case would be highlyappreciated. Its been a while and I am really confused now ??
Dear Surabh, your comments on above questions will be very helpful,
thanks a ton
Phani
I am not sure of the answers but will try to answer them to best of my knowledge:
1. You are authorized to stay if your I-94 from A is still valid. However, I don’t think you are authorized to work for B since the transfer has been denied.
2. Yes, you can go back and work for A. If A’s petition hasn’t expired, then you can go back and start working for them. No amendment required.
3. It is better to go to home country in your scenario
4. It is better to go to home country in your scenario
Saurabh though very much for provising your valuable feedback, this is very helpful
Question 1: my interpretation was I am currently working for employer B and employer B is running my Pay rol, I was in a understanding that the moment I started working for employer B and having pay stubs for him and when USCIS have approved my H1B without I-94, I was in a understanding that I am out of Status and even though I had valid H1B with employer A on paper, technical my petition with employer A is not valid, please correct me if I am wrong, can I go back to employer A and start working directly
Question 2: if an employer C has a job for me and ready to file an H1B, in that case can I do an H1B transfer to Comapny C, what are the chances of getting Approval with I -94 from employer C, what If I document everything else happened till now and submit a letter with new petition from Employer C as there was no mistake from myside and it is because of Employer carelessness he forgot to attach paystubs with RFE, is there a chance of this being working out ?
I have a valid I-94 from employer A, I stopped working for him from September month, the most recent pay stubs I have with employer A is until September, I started working for employer B from August, so I am presently with employer B (h1B Approved without i-94) and my most recent pay stubs are with employer B, if I am planning to apply a new H1B transfer with employer C, am I supposed to use employer A petition or employer B petition for transfer ?
your response is highly appreciated !!
1. A’s petition is still valid. When one applies for H-1 transfer, one can continue to work for old employer even after the new petition has been approved. So A’s petition is very much valid unless they have sent it to USCIS for cancellation. IMO you have a valid I-94 and so you are not out of status.
2. You can try that but I am not sure if it will work out or not.
It’s better to consult an immigration lawyer who can let you know about all the options.
Dear Saurabh
Please consider scenario. (I have never visited US and never gone for Visa Stamping)
I have an approved H1B with validity and have resigned from the company A an year ago and have not worked till one year.
Now i am joining Company B.
So can the Company B get the H1B transfer from Company A.
Thanks,
Ganesh K
Yes, they can file a cap-exempt petition for you on the basis of approved petition from A. If you have a copy of 797 from A, then that’s the best. Else even the receipt number would work.
Saurabh..Please tell what documents do I need to carry for L1B blanket visa type interview.
Also, how do I prove that I have ‘specialized knowledge’ of the technology I am working on . I have advanced technology specific certifications.Will these documents be enough or do I need to prove that very few people have such specialized knowledge.
How do I explain this to the office in layman terms?
My fear is compounded by that fact that I have just 18 months total experience.I have led teams being in China for a short time . Will this be a big factor(that I have gained specialized knowledge over short term to lead teams) ?
Thanks
If you are not planning to use any specialized knowledge of employer specific tools/applications/technology, then L-1 rejection chances are pretty high. Leading a team is not specialized knowledge. For example, a company ABC has a product XYZ that can be used to build features for different clients. The product XYZ is not readily available in the market. Knowing how to implement and customize XYZ is specialized knowledge. If you are planning to work on technologies like mainframe, java, .NET, testing etc then L-1 is not the right visa. H-1 is the right visa for such skill-set.
You will be quizzed about the skill set and what your specific duties would be in US.
Thanks Saurabh..
I have specialized knowledge of a new technology…and should be able to prove this by certifications/trainings.Also,I have even lead teams being in a client location (UK) earlier.
But,I have only 18 months experience in total . How much is overall experience a factor for L1B visa?
There is no requirement on how much experience one has prior to applying H-1 visa. The only requirement (related to work experience) is that one should have worked for the employer for at least 1 year in past 3 years.
I have filed for transfer to another company B in May and received a RFE in September, it was replied in October and now I have received the denial with re-appeal period of 33 days. Can I stay till that period in US while re-appeal is done or I have to move out of US? How long can I stay now? There is also another company C willing to do the visa transfer but that company needs to file for LCA before applying H1 transfer process.
Also, I got response from my earlier company A that my approved I-797 has not been cancelled and would be active for its original period though company A has informed USCIS that the approved I-797 is not utilized by A. Please let me know what can be done further.
Appeal process doesn’t give one authorization to stay in US. Anytime you spent now in US before C’s petition is filed will constitute as illegal stay. I would suggest leaving US now and re-entering US once it has been approved.
If your petition from A is still valid and they are open to hiring you again, you can go back and start working for them on the basis of old petition (unexpired + valid).
You should also consult an immigration lawyer about this.
Hi Saurabh,
My company has applied for L1B Blanket visa ..More info on this type would be helpful
What is the processing time? Is it faster
Regards
The processing is typically faster and it can be approved in few weeks. Once approved, employees can go for visa stamping by carrying the 797 and their own documents. However, off late rejection rates are pretty high for L-1 blanket visas.
Thanks Saurabh..
High rejection rate for L1 blankets worry me more ..What may be the reason?
Are they just rejecting randomly ?
Too much of misuse over last several years is one big reason. Besides, there are certain requirements that make a company eligible to file blanket visa, and some of the rejections may be related to that.
In case, blanket visa is denied, your employer can file L-1 individual for you.
Thanks Saurabh
Hi Saurabh,
My friend worked for company A and had a valid H1 at that time. However, he quit the job in 2009 and joined company B in India. Unfortunately he doesnt have the I797 with him but has the copy of the receipt number (during H1 extension).
1. With the above mentioned data, is there any way by which he could know whether his H1 was cancelled by A or not?
2. Can he give this receipt number to company B so that they can file for a transfer without waiting for the new cap to open?
Thank you!
1. There is no way to surely know if the petition has been canceled or not. When you look for that petition number on USCIS website, what’s the status it is showing. Also what’s the last updated date it is showing.
2. Yes, B can file for cap-exempt petition on the basis of receipt number. If he has copy of 797 that would be even better.
1. The status shows as below:
Initial Review
On March 4, 2009, we transferred this I129 PETITION FOR A NONIMMIGRANT WORKER to another office for processing because they now have jurisdiction over the case. We sent you a notice of this transfer………
Did he resign close to that date (Mar 4, 2009)? Which year was the petition filed?
Saurabh,
He resigned around a month later i.e. Apr 2009. The H1 extension was filed the same year itself. However, the H1 petition was filed sometime in 2004 and was stamped in Jan 2005.
Thank you.
I think he can use it for cap-exempt purpose. When B’s attorney looks at the documents more closely, they can provide more details.
Thanks Saurabh, that helps!
Hi Saurabh,
I have a query – I have a valid H1 (company A) and have traveled to the US in the past. I am back in US after at least an year in India. Also, I have something like 1.5 years left for the 6 years clock for H1. My question is – If I get an offer from company B and get my H1 transfered, does that mean I’ll have to go back to India after 1.5 years no matter what? OR is there any option through which I can continue working in the US (for a longer term) for B?
Thanks.
B (or any other employer) can file Green Card for you. Based on where it has reached at the end of your 6th year, you may be eligible for 7th year extension (and beyond).
okay…so this is what i understand:
1. H1 transfer (switching to another company) will not change/reset the 6 year clock period…its going to end as per calculations.
2. Applying for GC is the only option. What stage it should reach in order for my H1 to get further extended beyond 6 years (and I believe, this 6 year is the sum of your stay in US only and not a plain addition of 6 years from the first H1 date)? please clarify.
Thanks.
1. Yes
2. It can be extended for
– 1 year if PERM or I-140 have been pending more than 365 days
– 3 years if I-140 has been approved but dates are not current yet
Saurabh,
Currently, Company A holds my H-1B visa(stamped till Apr 2014) and Company B has filed H-1B transfer and got approval. Planning to quit Company A and join Company B in 2 weeks. But I am not sure about Company A exit process about cancelling the H-1B visa. I want to go to India in April and don’t want to go for stamping. I heard that in case Company A cancels visa, I must have to go for stamping. How do I know that whether Company A has cancelled my visa or not?
Thanks,
Amy
You will have to go for visa stamping if A cancels the visa stamp in your passport. If they just cancel your petition, then you don’t need to go for stamping. You can travel based on A’s visa stamp and B’s petition.
If A asks you to submit your passport and then get that visa stamp canceled (you will see it canceled) then you will know that you have to go for stamping.
Hello all,
I am in a unique situation. I have my new i797(approved jan/2012) and old employer stamp in my PP. I have to travel to home on emergency. My current employer is saying that they need to take me off the payroll and add me back when I am in US. Is it safe to travel home? However employer has provided me letter of employment confirmation. Also, I have another offer with other company which is ready for my h1b processing. Can I initate the LCA filing — travel and then when I land in US perform my h1b transfer? I need your advice on this issue. I am worried:(
Yes, you can travel if you have an approved unexpired 797 and visa stamp.
The new employer can file LCA and once you return to US file the I-129 petition.