Getting an H1B Visa to work in the US is subject to a lot of luck as the demand is extremely high. To give you a perspective, we had H1B Visa Lottery every year since 2013 for the last 10 years. No one wants to go through the process again. The reality after getting an H1B visa and working for a company for some time can be different. You may want to change companies as you do not like them or the culture. This is where the concept of H1B Transfer comes in.
Depending on your situation, you may want to transfer H1B when you are in the US or even before you enter the US. There are multiple scenarios. As part of this article, we will look at various scenarios, look at the overall process, and the documents required, and understand the cost, timelines, and common FAQs.
What is H1B Visa Transfer?
First of all, there is no official term that is called “H1B transfer“. It is a term coined for our convenience and that’s what everyone calls it. The official option that corresponds to the H1B transfer is called “Change of Employer“. When you fill I-129 Form, which is filed with USCIS when you file an H1B transfer petition, you would choose that option in Part 2.
Below is the screenshot of the I-129 form, where you see the option “Change of Employer” in Part 2, which is on Page 2 of the form.
Technically, the H1B transfer process is nothing but filing a new H1B visa petition with USCIS that is done using the above “Change Employer” option, but that does not have through go through the H1B Registration process or the H1B Visa lottery because the applicant has already been counted in the H1B visa quota cap.
Also, there is nothing really transferred from your old employer to your new employer or even your visa-related stuff. All they are using is your previous employer’s approval notice to ensure that you are cap-exempt and do not have to go through the H1B visa lottery again.
H1B Visa Transfer Eligibility Scenarios, Requirements
Depending on where the H1B visa applicant is during the time of the H1B transfer process, USCIS would look at various requirements related to the applicant, including the visa status of the individual. Below are the various common scenarios :
- H1B Transfer Applicant outside of the US and never visited America.
- H1B Transfer after entering the US, but in a short time.
- H1B Transfer after working in the US and the applicant is in the US
- H1B Transfer after working in the US, and the applicant outside of the US
- H1B Transfer with I-140 Approved
Importance of H1B Transfer Applicant’s Status in the US for H1B Transfer
USCIS looks at the H1B transfer applicant’s status in the US and verifies if the applicant has maintained proper status in the US, in order to approve the petition. It is important to understand this because, applicants have to provide relevant documents like Pay Stubs, Tax Documents, etc for H1B transfer to prove that they were in status at the time of filing. You may read the article US Visa vs Status to understand the difference.
Now, let us look at the above-listed four scenarios in the context of the applicant’s ‘status’ in the US.
Scenario 1: H1B Transfer Applicant outside of the US and never visited America
Usually, this situation arrives, when you, as an applicant, are living outside of the US and a Company in the US applies for your H1B Petition. Imagine, you got an H1B petition approved by a company, and also got your H1B Visa stamping done in your passport based on that company’s job details. Now for some reason, your old employer is not able to get you to the US, and you want to transfer to another company.
In the above scenario, USCIS usually looks at two aspects, one is the applicant’s current status and the second is cap exempt situation.
- Applicant Status:
- The concept of status in the US is not relevant as the applicant is outside of the US and will not have any US visa status.
- So, you as an applicant do not have to prove your visa status. So, there is no need to submit I-94 Arrival Departure Card or any relevant documentation to say that you are in any legal US Visa status
- Cap Exempt Qualification:
- The second part is the cap-exempt situation. This is the tricky part and a slightly grey area. In the past, USCIS used to consider a petition as cap exempt, if you had an H1B petition approved from the employer.
- But, in recent years, USCIS guidance says that you must have got H1B Visa Stamping done as well, to be counted towards the cap for an H1B transfer. What they are saying is, when you go for stamping, you get H1B status on paper and that’s when your H1B cap slots is technically counted.
- If you do not get stamping, they say that you never had H1B status, so cannot use your just petition approval for transfer to another employer.
- So, for you to be cap-exempt for transfer, you must have had H1B Visa stamping done as well after your H1B petition approval.
Scenario 2: H1B Transfer after entering the US in a short time
Usually, this situation arises when the H1B holder after arriving in the US, realizes that the employer is not the right fit or they have a better offer from another employer and they want to transfer immediately. When we say a short time, it means less than two weeks or 15 days.
If someone wants to transfer within 15 days or less after they enter the US, similar to above, USCIS would look at the applicant’s current status in the US and the cap-exempt situation.
- Applicant Status:
- As the H1B transfer applicant has arrived in the US, they have a status, which is H1B given to them at port of entry in a Stamp and I-94 reflects the status as well. The applicant can go online and download the electronic I-94 copy to get the status details.
- The applicant has to prove status, but there is no additional information, except the I-94 copy and the copy of the CBP Stamp on the passport that they need to submit to prove status.
- They do not have to submit any pay stubs or other tax documents to prove that they have maintained their status. This is because the duration is less than 15 days and most employers do not run payroll before 15 days.
- Cap Exempt Qualification: The applicant is cap exempt as they have both H1B stamping and entered inside the US on H1B visa status. If the applicant had H1B status at least once, they are counted towards the cap and are considered cap-exempt.
In the above situation, as the applicant meets both of these, they can do an H1B transfer to a new employer, if someone is willing to file a new H1B petition on their behalf. They do not have to exit the country, they can do an H1B transfer within the US.
Scenario 3: H1B Transfer after working in the US, the applicant in the US
This is the most common scenario of the three as many are in the US on H1B Visa working for a company and they get a better offer outside and they plan to move. Typically, this could be anytime after 15 days or a few months. Similar to the above situation, USCIS looks at the status and cap-exempt situations for transfer.
- Applicant Status:
- As the H1B transfer applicant is working in the US for some time, they need to submit additional documents like pay stubs, Tax returns from previous employers, including approval notice to prove that they maintained proper status all along.
- If an applicant does not submit the most recent pay stubs or tax documents, ( if over a year), USCIS may question the transfer and they may not approve the H1B Transfer with I-94.
- In such cases, the employee has to leave the US and get the stamping done at a US consulate and re-enter the US to work for the new employer.
- Cap Exempt Qualification: The applicant is considered cap-exempt as they worked on H1B before. So, this is implicit and the applicant needs to share the approval notice from the previous employer.
Scenario 4: H1B Transfer after working in the US, applicant outside of the US
This situation arises, when someone left the US after a few years of working on H1B, for whatever reason, and plans to come back to the US as they have not used all 6 years available for H1B. In general, you can recapture unused H1B Time, if you have not used up all the 6 years duration. Now, even in this situation, USCIS typically looks at the status and cap-exempt situations for transfer.
- Applicant Status: As the H1B transfer applicant is not in the US, the concept of status is not relevant, so the applicant does not have to prove his visa status.
- Cap Exempt Qualification:
- The applicant is considered cap-exempt as they worked in the US on H1B before and had H1B status at least once.
- Usually, applicants need to submit a copy of the approval notice of their previous employer. Optionally, the applicant may even submit payslips from his previous H1B employer, Bank statements, and W2 tax forms, in order to prove that legal status was maintained while the applicant was in the US.
- No proof is required for the period of time spent outside of the US. You can even submit your I-94 Travel History
So, applicants in the above scenario can transfer as long as they worked in the past and have not used up all 6 years.
Scenario 5: H1B Transfer with I-140 Approved
One more common situation is when someone has Form I-140 Approved. Usually, I-140 is applied as part of the Green Card process steps, with USCIS, where you wait for the priority date to become current.
In the context of H1B transfers, you can continue to work in the US even after 6 years on H1B, if you have I-140 approved. It also applies to H1B Transfers too. If you have an I-140 approved for over 180 days and is not withdrawn during that 180 days, you can use it to apply for an H1B transfer as long as you want without any time limit of 6 years. You can do these transfers until the priority date becomes current. To avail of this option, USCIS looks at the below
- Applicant Status: If the applicant is in the US, they need to submit status-related documents like I-94, Current Pay stubs, tax documents, etc.. If the applicant is not in the US, then it is not relevant.
- Cap Exempt Qualification: As the applicant of H1B transfer has used all 6 years, they need to prove that they have an employment-based green card process going on and I-140 is approved. So, you need to submit a copy of the I-140 along with the H1B transfer. If your employer has not shared it, you can get it using an FOIA request with USCIS.
Now that we know the eligibility for an H1B transfer, let’s look at the process involved.
Step-by-Step Process for H1B Visa Transfer
The H1B Visa Transfer process is exactly the same as filing a fresh H1B petition with a new employer. The fundamental difference is that with an H1B transfer, the applicant does not have to go through H1B Registration Lottery again as they are technically counted towards the cap. Depending on your situation, you would fall into one of the above-discussed scenarios, you would need to meet those requirements to prove status and cap-exempt situation.
Below are the steps involved for an H1B Visa transfer:
- Step 1 – Find a Job at H1B Sponsoring Employer: You need to get a job at an H1B sponsoring employer. Once you have the job offer, you need to work with their attorney and indicate that you already went through the H1B cap process and are eligible for cap-exempt petition filing as an H1B transfer.
- Step 2 – Submit all H1B transfer Documents: You need to provide all the required H1B transfer documents to your new employer to start the H1B transfer process. The complete list of documents is listed below in a separate section.
- Step 3 – H1B Sponsoring Employer / Attorney Files LCA with DOL: Once you send all documents, your new employer or their designated attorney will file Labor Condition Application(LCA) with the US Department of Labor (DOL). LCA has the job offered, salary offered, prevailing wage, and other info. For more info, read What is H1B LCA, why file it, and info in it.
- Step 4 – File H1B Transfer Petition with USCIS: After the LCA is approved by US DOL, your new employer will file an H1B transfer petition with USCIS. Basically, they will file form I-129 with USCIS with all the relevant fees, supporting documents regarding the offered job, etc.
- Step 5 – USCIS gives Receipt Notice and Adjudicates: Once the H1B transfer Petition is received by USCIS, they will issue a receipt notice to the employer/ attorney indicating that they have received the H1B petition and for tracking purposes. Depending on the load of the Service Center and filing type either regular or premium processing, the H1B transfer petition is adjudicated by USCIS in a few days to a few months.
- Step 6 – USCIS Approval, RFE: USCIS either gives approval decision or requests for additional information as RFE, depending on the case, and makes a decision of either approval or denial based on the overall petition.
- Step 7 – Employee or Applicant Decision: Once the H1B transfer approval is through, now it is up to the employee or applicant to make the decision to join the company. Unless it is a Change of Status petition, the applicant has a choice to either join or continue with the previous employer…
Let’s look at the documents checklist for the H1B transfer.
H1B Transfer Documents, Checklist
The H1B transfer documents are pretty much the same as the regular H1B petition, but additional details like current status in the US and previous H1B details have to be submitted. Some of the below documents are optional or may not be relevant for the applicant if they are in their home country and have never traveled to the US.
Checklist of H1B Transfer Documents:
- Copy of Job offer letter from New employer, with details of the Job title, Salary offered and signed by both applicant and employer.
- Resume of the applicant.
- Copy of Passport
- Copy of I-94 ( if already in the US)
- Copy of H1B Stamp on passport ( if already in the US or have done stamping)
- Copy of Previous approved H1B petition ( I-797 approval notice)
- Copy of SSN ( if already in the US and worked before)
- Copy of 3 or more most recent Pay stubs/ pay slips ( if already in the US )
- Copy of W2 Tax forms from employer ( if already in the US and filed taxes)
- Copy of Bachelor/ Masters Degrees or any higher education.
- Education-related University Transcripts in a sealed cover.
- I-140 Approval copy ( if applicable)
- Academic Evaluation (depending on the country, degree and university awarded it, there may be need for education evaluation and submit that as well, check with your attorney )
- Copies of experience letters, if any from your previous employers
- Any other letters of recommendation ( if any – optional)
H1B Visa Transfer Fees, Cost
The H1B transfer cost for employers includes application fees that are paid to USCIS and other fees such as attorney fees. Depending on the size of the company, the H1B filing fee can vary anywhere from $1,700 USD to $7,900 USD + the attorney fee( if any).
| H1B Transfer Fee Component | Fee in USD | Additional Details |
| Base filing fee for I-129 | $460 | Standard fee for every H1B petition |
| AICWA Fee (American Competitiveness and Workforce Improvement Act of 1998) | $750
or | $750 – for employers with 1 to 25 full-time employees )
$1500 – for employers with 26 or more full-time equivalent employees) |
| Fraud prevention & detection fee | $500 | Needed as there is a change of employers |
| Fee-based on Public Law 114-113 | $4000 | Applicable, if 50 or more employees and more than 50% of employees are on H1B or L1 Visa status, required for new H1B filing and change of employers. Read H1B fee increase $4000 rule to check if it applies to your case |
| Premium processing fee (Optional) | $2,500 | Applicable only if the H1B Transfer petition is filed under premium processing. |
| Immigration Attorney Fee | Varies from $500 to $3000 | Varies by attorney and can be anywhere from $500 to $3000. If the employer has in-house immigration team, this may not be an expense |
H1B Visa Transfer Processing Timeline
H1B transfer includes many steps from filing LCA, to working with an attorney and processing by USCIS. Each of these has its own processing time, so you need to factor in time for all of these below.
- LCA Processing time: As part of the H1B transfer, the employer has to get a New Labor Condition Application (LCA) for the job role at the location of employment. Getting LCA with US Dept of Labor can take anywhere from a few days to 7 business days, it is online and is quite fast.
- Attorney or Employe Processing time to Submit Petition: Depending on the complexity of the petition, both employer and applicant require time to gather documents needed for the H1B transfer petition. It can vary from a few days to a couple of weeks or more depending on the speed to get documents like transcripts, education evaluations, etc. You need to factor in at least a couple of weeks or more for this step.
- USCIS Processing time for H1B petition: After the petition is ready and submitted to USCIS, the processing time with USCIS for an H1B transfer petition can range from a few weeks to a few months or sometimes many months. There is no required SLA for H1B transfer petitions filed under regular processing and USCIS can take their own time based on load. It is recommended to file it under Premium processing if you plan to work soon for new employer after the H1B transfer. If you file in premium processing, you will get a response in 15 calendar days. Check USCIS Premium Processing
Overall, you can expect anywhere from a few weeks to a few months, depending on if you choose premium or regular processing.
H1B Transfer FAQs
You can work for New H1B Employer after USCIS receives the H1B transfer petition and issues a Receipt Notice ( I797C Notice of Receipt). This working provision with USCIS receipt notice is as per AC21 regulation. Unless really needed, it is recommended that you get an H1B approval notice, before you start working to avoid any issues with the transfer.
No, you do not need the permission of your current employer to file an H1B transfer by a new employer. Any H1B Sponsor can file an H1B transfer petition, which is basically a new H1B petition based on your current approval notice, on your behalf without any permission from your current employer.
No, you do not have to inform your current employer that you have applied for an H1B transfer. Having said that you are still governed by your employer contracts for the notice period and other obligations that you need to fulfill when you leave the employer. So, plan the start date at the new employer and other things factoring in these things.
No, you cannot do an H1B transfer from Cap exempt employers like universities or non-profit research institutions to a cap-subject employer like general MNC companies. You will need go through the standard H1B registration and lottery process if you wish to do so.
No, there are no limits. You can have multiple employers apply for an H1B transfer on your behalf of you at the same time. In general, many work full-time for one H1B employer. But, you may work for multiple employers simultaneously, if working part-time. This is called concurrent H1B and you need to apply for the same to work for more than on employer.
No, there are no such limits, you can apply for an H1B transfer as many times as you want in a month or year.
Your H1B visa stamp dates are not fully relevant for the H1B transfer. You are eligible for H1B transfer if you were counted in cap once and have not used up all 6 years of time. Also, you are eligible for transfer, if you have an approved I-140 petition.
What has been your experience with H1B Transfer? Share your thoughts in the comments below.
Hi Saurabh,
I am in L1B visa in US valid till Sep 2012 with i94 until Sep 2014, however will be going for COS to H1 this year. In case I get an RFE or COS is not granted then can i stay till Sep 2014 (based on L1B – i94 ) and apply for L1 extension later ?
Mohammed,
In case of L-1 blanket one can stay and work on the basis of I-94. So you can continue to work on L-1 on the basis of I-94.
Hello Saurabh,
My petitioner (Employer in US) has been telling me that my petition was filed on 15th November 2011 but has not given me the receipt number so far. I have been asking him for it repeatedly for past 3 weeks now but he has been dilly-dallying giving me one reason or another. At the same time he has always been very nice and keeps confirming that it was filed on 15th November + promising that he will give me the receipt number in a couple of days. I doubt that he has not filed the petition last year.
I would like to know that whenever I have the receipt number (if he does provide me), is there a way to find out when was my petition filed (which date) or at least for which year (2012 or 2013)?
Thanks & regards.
Ajay,
If he gives you the receipt number, you can check the status online. If the status is still Initial Review or Acceptance, it will mention when the petition was received. If it is RFE/Approved/Denied, then it will have that action date but will not have information on what date it was filed.
Hi,
I have few questions on H1B transfer.
1. Is is possible to apply for any job in US when I’m out of US. But have H1B with current company and working from India right now?
2. If I travel in H4 visa, is it possible to change to H1B(my present H1B is valid till Nov 2014)? if yes, how long it will take?
3. Is is possible to process H4 for my wife, when I’m in USA?
Thanks!
Murali,
1. Yes
2. Yes. Processing can take 2-6 months or 15 calendar days in case of PP. If RFE is issued, then it can take longer
3. Yes, you can do that. If she is in US on H-1 (that’s what I assume from your 2nd question), then you can file COS from H-1 to H-4 once your H-1 has been approved.
HI Saurabh,
Applied for transfer of H1B visa, following are my details:
Filing Date : 02-March-2012
Receipt Date : 05-March-2012
Filing Type : Regular H1B (Transfer)
Filed At : Vermont Service Center
Status : Initial Review( till today -13-April -2012)
1>When can I expect visa transfer approval?
2>I heard visa transfer takes 3 to 8 weeks of time, now I have completed 6 weeks, I need visa bit urgent, is it better to do re initiate visa with premium processing or wait for few weeks to get visa approval?
3> Can you open a new thread for people to update with their visa details like petition date, approval date( like i had given) so that we can understand current situation.
AK,
1, 2. It can take 2-6 months under regular processing
3. I will talk to Kumar about it
on point 2, I guess its possible to change non-premium processing to premium without reapplying. I don’t know the details but seems that was done to someone. You can try to explore that option and share your experience on this blog.
Hi Saurabh,
I just want to check with you do we need to carry a NOC from my present employer if iam going for an H4?
Srinivas,
It is not required. I have seen several cases getting approved w/o NOC from the employer.
Hi Saurabh,
I had to change the client for my H1 B application due to an RFE. The new LCA will be provided. My petition is still not approved.
Question a)If it is approved, will USCIS change the address in the I-29 to my new client? Or will it still be the same?
Question b) If the address stays the same, will there be any issues in my stamping because the new LCA shoes client B (new) while the petition shows client A?
Thanks in advance,
XYZ
XYZ,
1. They will not make any changes in the I-129. I don’t know if they would make a note in the file stating that the client has now changed.
2. I think it will be ok as the client information was changed before H-1 got approved. Most of the issues arrive when client information is changed after H-1 has been approved. You should still check w/ your attorney.
Hi Saurabh – My H1-B status has received an RFE for ‘Employer-Employee’ Relationship. But my existing client refused to provide me a client letter. Now, we have managed to get this letter (as well as SOW and MSA) from a different client. In this case, along with all proof for the ‘Employer-Employee’ Relationship, is there any other document that needs to be submitted? We will also request for the new LCA.
Thanks in advance,
Rahul
Rahul,
That should be fine. However, USCIS can still raise concern that submitted I-129 is no longer valid based on new LCA etc. Talk to your attorney on how to address it – can you submit a letter explaining the difference, or can you submit another I-129 w/ correct information and letter to USCIS, or something else.
Thanks for the response. Need one clarification – “can you submit another I-129 w/ correct information and letter”..Does this mean H1-B amendment? If so, do i still have to submit these documents by May 7 which is my May 7 deadline?
A correction above – I meant “which is my RFE deadline”.
Rahul,
It will not be H-1 amendment as the petition is not approved yet. What I am saying is submit a cover letter explaining that you are now submitting a new client letter which is different from original I-129 filing. Check w/ attorney if they can submit updated I-129 documents along w/ this RFE response, or do they feel better submitting w/o any I-129 changes.
Got you..one more question…i have applied for the new LCA. As of right now, what’s the average LCA processing time? My evidence submission last date is close (May 7)!
Rahul,
It takes around 10 business days for the LCA to be certified.
Hi Sourabh,
I have couple of question
1.Is L1 visa policy changes last month and now they are giving only for 5 yrs and not les than that.
2.can we apply 2 or more H1 in april ??If yes at what point of time i need to decide to dump one of them.or can two H1’s can be issued in Oct.
3.I am having L1 now. i can apply H1 and suppose i get H1 on 1st october.in that case my L1 get destroyes from 1st oct??can i work on L1 till dec although i will be having H1 with me and from Jan i will start working on H1?
Thanks..
Abhay Kumar,
1. The cap on number of years one can spent on L-1B has been 5 years for several years now. I don’t know of any changes made to the program last month. Can you point me to what changes you are referring to.
2. Yes, multiple employers can file H-1 for you. Both of them can get processed and eventually approved. You can then decide which employer to join.
3. Your H-1 will be applied w/ COS (change of status from L-1 to H-1) or w/o COS. In case COS is applied and approved, you will be on H-1 status from Oct 1 and need to start working on H-1 from that date. If COS is not applied/approved, then you can continue working on L-1 until L-1 expiration date.
2.This decision i need to do before October 1st??
3.when i need to apply COS .can i get my H1 petition approved without COS??
Abhay Kumar
2. Yes
3. The option to apply w/ or w/o COS needs to be mentioned at the time of filing. The petition can be filed and approved w/o COS (if that’s what is requested). It is also possible that you put in w/ COS but USCIS approves it w/o COS if they determine that you didn’t maintain legal status in US.
Thanks Hayal for the feedback. I will pass it on to Kumar.
Hi Saurabh,
I got my H1B stamped but my company is not sending me to USA saying they made incorrect LCA (higher salary) for me. Could you please let me know –
1.if I go for a job change here in India or join any US company, is transfer of my H1B visa possible?
2.if my company cancels my visa before relieving me, does it affect the transfer process?
3.I guess the process for transfer is to get a new job, then the new company will get a new LCA and then they will file for H1b transfer. Correct? If yes, how much time would the transfer process take?
Thanks in advance Saurabh.
Vinod,
1. Yes
2. No
3. This is correct. The process can take 2-6 months. If your previous visa stamp from company is still valid, you don’t need to appear for visa stamping again.
Hello Saurabh,
I was working on L1b visa here in US since 2009. I had my H1b filling done in December 2011, I started working for my current employer from January 2012. Now I have got a permanent offer with another company and they are ready for my h1b transfer. They have asked for all the previous and current approvals(L1b + current H1b). The problem is that my current employer has only given I-94 to me. He is not giving me any approval notice or I-797 form. He has even refused to provide a copy of the document.
So my question is can I get my h1b transfer done without my current h1b approval(I-797). I have all the other documents with me other then this one.
Regards,
Abhishek
Abhishek,
It is possible to do the transfer w/ just the receipt number. Do you know that at least?
You can make an excuse that you plan to travel internationally and see if they will provide you the approval notice. Later you can return the same (after doing a photocopy) stating that your trip got canceled.
Thank you saurabh. Yes i do have the reciept number with me. And yes ultimately i was planning to get the doc the way you suggested. But just incase if that does not get materialize and suppose i will need to go ahead with only the receipt number, will i ever need to have the h1b approval notice(say at the time of stamping with my future h1). I’m asking this because one person told me you need to have all the previous approval notice along with your current one at the time of stamping. I have not got my stamping done till now as i was in US at the time of current h1 approval.
Regards,
Abhishek
Abhishek,
They may ask but personally I haven’t seen many cases where they ask for previous 797s. They will be more interested in your current 797 and job and not previous one.
You can talk to new employer’s attorney about the risk of not having old 797.
Abhishek,
Did your transfer work out with just the receipt number? What did your attorney say?
Please let me know as I am in a similar situation.
Thanks,
Hi Saurabh,
I am totally confused and worried.
recently came to USA on H1B from company A. A has applied for H1B petiotion amendment as I have to work in a different location from the one in the petition(got the LCA).
While the emndment is in process, I got an RFE for more documents with expected response date as May 25, 2012
meanwhile, I applied for H1B transfer to company B. B has applied for LCA and we are waiting for the LCA approval to file for H1B transfer.
My worry is, as the amendment is in process, will my transfer be affected?
Please help!
Thanks
Kumar
Kumar,
I think it should be ok as long as you are maintaining status by getting regularly paid. You are getting paid, right?
Yes, I am paid regularly. No gaps.
Company B is asking me to join them as soon as the petition receipt number is issued.
Will there be any issues if I join them on receiving the receipt number ?
Ravi,
That should be fine. The only thing to watch out for is if you join B based on receipt number and if H-1 transfer gets denied, then you will be in a bad position.
Hi Saurabh,
If I apply in premium route for transfer, how much time it takes ?
Thanks
Ravi
Ravi,
15 calendar days, unless RFE is issued.
Hi Saurabh,
Me and my colleague applied for H1B extension together(in Nov 2011). He got the acknoledgement in feb 2012 starting. I got 2 weeks later. His petition is approved in march end 2012. But mine is not yet. So approval also will be delayed by 2 weeks or even by more days ???
Krishna,
There can be a delay of more than 2 weeks as well. This is b/c they could have been routed to different officers who may have different backlogs.
Hi Saurabh,
I have applied for visa extension, not a fresh application. Still I received RFE. So, After submitting all the documents, how long it will take to get the petition approved ?
If RFE raised, whether there is a less chances of petition approval ?
Thanks
Krishna
Krishna,
RFE response can take 2-6 months to process. I have seen few recent cases where it was approved within weeks.
Thanks Saurabh,
I some openion of the people saying that if RFE is raised, the petition will be valid for one year, not beyond that. Is it correct ?
Thanks & Regards
Krishna
Krishna,
Validity of petition will depend upon the submitted project duration. If the RFE is raised for MSFT, chances are the petition would still be valid for 3 years (if that’s what is requested). If it raised for a small consulting company that submits a project of 12-18 months, then it may be approved only for 1 year (or 18 months). So not a set rule, but varies from case to case.
Hi, I am currently working on H1B with Company A – It is a reputed IT services company among top tier in India and US. I have another offer from Company B but the role is BD / Sales which different from my Business Architect role which is project / client specific. Company B doesn’t have a potential SOW or Client Letter they can tie me to hence they said it cannot process my H1 transfer or recruitement process. Is client letter, SOW absolutely required for the role that I am being offered? Can some one please advise? Thanks in advance.
Jay
CuriousShift,
USCIS wants the employer to show that you will be a billable asset and not put on bench. This is really important for small companies which do not have a huge cash reserve/funds to pay an employee who is on bench. For consulting companies, this is shown by client letter.
I don’t know what your specific job duties will be, but if they require working on a particular client account, then client letter is required. If it’s a general Sales position where you make strategy etc, then client letter is not required and your employer can file the petition in similar fashion.
Thanks Saurabh, It is a sales position which is really using my technical expertise and knowledge to build business models and potential clients. Techno functional agnostic of specific client and project. However, I read some forums where it is advisable to give client letter, but my concern is that the fact is different than the role that am being offered.
CuriousShift,
I would suggest talking to your attorney about it who can look at the details and can then make an educated guess whether client letter would be required or not.
Hi Saurabh, thanks alot for clearing lot of peoples life changing doubts.
I have got my H1B stamping done in December 2011 from employer A but till today i have not traveled to US for the 1st time. Meanwhile I am getting an offer from employer B saying that they will do the visa transfer. But i read in upper posts that without travelling to US for the 1st time H1B transfer is not possible. Lets say employer B filed H1b transfer for me and it got approved, after that will I be going to consulate again for the stamping ? once stamping in the name of new employer is done, can i still go back to employer A to travel US for the very 1st time? Please help me as well, I am so confused whether to take this offer or not……
Rahul Srivastava,
Actually the post says that it is possible. Can you direct me to the text that gave you the other impression, and I will see if it needs to be updated.
In this case, B needs to be file cap-exempt petition for you, and then you can travel to US using B’s petition and A’s visa stamp. You don’t need to have B’s visa stamp as long as A’s visa stamp is still valid.
Dear Saurabh,
Thanks for the blog and your help offered, Really appreciate it.
I have got my H1B petition approved by USCIS in the year 2007 , But i was given 221G in the US consulate in chennai when i appeared for Visa, After that my employer didn’t send me any documents to fullfill the 221g and i never pursued on that case further.
Now i am planning to go to US in H1b visa, Since i had my earlier petition approved by USCIS (though not got the visa), will i fall under cap-exempt quota.
Thanks in Advance for your Help !!
MNK,
Yes, you can use the old petition for cap-exempt purpose as long as:
– you know the receipt number or even better have copy of approved 797
– your petition has not been revoked by USCIS as part of 221g process
Hi,
I am currently working for Company A. Got an offer from Company B. My H1B transfer petition is filed on 3rd April 2012. I need to join Company B on 9th April 2012.
1) Do i need to wait for the Receipt number from USCIS to start working for Comapny B.
2) My petition was sent through Fedex. Is the Fedex dispatch confirmation enough to start working for Comapny B.
Thanks
KBR
KBR,
You can join B once your package is received by USCIS; although having the receipt number provides more peace of mind
hi Sourabh,
i am in usa on L1 visa and it is getting expired on 27th june2012 although the i94 is valid till nov 2014.
I am planning to go india on 19th may and come back on 3rd june 2012.
Is is safe to travel as per my plan???
Thanks,,….
Abhay Kumar,
Yes, it should be fine. You can check w/ your employer/attorney about the documents you should carry to re-enter US.
and did this time they will also give I-94 for next three year as usual??
Abhay Kumar,
Yes, that’s what they issue for L-1 applicants. There is no rule forcing them to issue it for 3 years, so they can issue it for a shorter term as well.
Hi Saurabh,
My H1 transfer is in progress and i got RFE on March, 12th. I need to respond my RFE by May-26th.
Now, I got an offer and its in EC model. Can i do H1 transfer in this period ? or Will it not be possible since my current H1 is having RFE ?
Please advice. Thanks a lot for the help.
EVCvictim,
If you currently getting paid on H-1 and have a valid I-94, then you can go ahead w/ another transfer. Are you working for original employer or the 2nd one?
Thanks alot Saurabh for the reply.
Currently i’m getting paid on H1 and i have valid I-94 till Aug-2013.
I’m working for a consultancy company since Dec-2011. So, its a EVC model. The H1 transfer was applied on Nov-2011 and received RFE on Mar-2012. In the RFE, they asked to provide client letter and documents to prove “Employer Employee Relationship”. I got client letter, W2, timesheet, status sheet etc docuements and my current employer is providing document about the supervising, performance review, daily work allocation, etc.
Now, i have offers and its in EC model.
But i’m not very sure whether i could do H1 transfer at time time or not. I’m coordinating with an attorney and they said that i could do such tranfers in my current situation.
Please provide your suggestion out of your experience.
Thanks again.
EVCvictim,
If you have valid I-94 and are getting paid, then you can go for H-1 transfer.
Hello Saurabh,
How are you !
I got my H1B transferred. I will now apply for visa stamping. I have a list of required documents which I got from this site http://www.immihelp.com/visas/h1b/h1-visa-documents.html
I just wanted to know if there is any other required document. I am asking just coz you know better what US embassy is asking for these days.
Thank you
Udiksha,
Its a good enough list. There is a list available on this blog as well, which you can look at. The post is accessible through the Archive link at the top.
Thanks for the info Saurabh. I will definitely check it.
While filling form DS 160, which address should I fill? I am in India since last 4 months and got stuck here coz of visa issues. My lease expired and had to get my house vacated. I have my cousins there but I am not sure if I should show that I have my family there. If I give the old address, they might ask about the lease. I don’t know, what do you suggest?
Do you have any tips for appearing for the visa stamping for transferred H1Bs? I am just scared I guess. My previous employer didn’t provide the tax return and that’s why I had to get my H1B transferred to a new company. Can I tell the Visa officer that my employer didn’t provide the tax return? But I don’t have any written proof from my previous employer that she denied to give me the docs. She told me over the phone and never replied through emails. Do you think I should get anything written from my previous employer in regards to this problem. I am pretty sure she will not send anything though. But I can try. She has not even given me the experience certificate yet.
Thanks
Udiksha,
You can mention employer’s address or a friend’s address as the US address.
When you say tax return, are you referring to W2 form? By law, employers are required to send the document to their employees by Jan 31.
No, not that W2 but the 2 year tax information of the employer and wage report which US Embassy asks for. My previous employer didn’t provide me and she denied stating that she doesn’t feel comfortable as this confidential information is going out of country (USA). So, I am not sure what to tell the US Embassy if they ask why did I change the job, which I know they will definitely ask.
Anyway I was going through the DS160 form and have few questions. I don’t know if this is the right place to ask these questions as this forum is about H1B transfers.
1. These is a question stating “Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry”.
I had applied for H1B in jan 2012, and I got 221(g) in which US Embassy had asked me to submit the 2 year tax return of my employer. My employer denied so I got my job changed and H1B transferred. Now do I consider that visa application as refused?? or what???
2. In the employment history, if I put about the previous employer, what should I write as the last date of employment? I left USA on dec 24th, which was also my last day at work. But I came here for visa stamping and then all that happened. So, should I write the date on which my H1B was transferred or my last date at work?
Coz I think until I got the transfer, I was still their employee. But I don’t really know if my previous employer will give me the work experience certificate until the H1B transfer date. According to them, I left the work on dec 24th.
3. About the national Identification No. As far as my knowledge goes it is a unique no. which doesn’t change with employers. I got this no. from my previous employer. Can I use the same one in the new visa application?
4. Mailing address? It should be the one in India??
Thank you
Udiksha,
1. The answer is Yes. The very moment 221g is issued, it is considered as refusal.
2. When did you resign from that employer, and when was your last paycheck from them? If it was same as Dec 24th, then use that date.
3. There is no national identification number. There is SSN, and nothing like this is issued in India.
4. Yes, mention the Indian address
Hi Saurabh,
I am currently working for Cisco as a contractor and got a job offer within cisco.
But I am on expired L1 and valid I-94 for 2 yrs. I ask them to sponsor me for H1-B, but they asked me “How” ???
Can you help me out on :
1) Does Cisco sponsor H1-B visa?
2) what should I reply them on ” HOW”…?
Rahul,
I don’t know what they meant by ‘How’. I have friends at Cisco who are on H-1, so yes the company does file H-1. But I don’t know what they meant by How.
Hi Saurabh,
I am currently staying in Inida, and i have a valid H1B stamped from Company-A. It is a consulting firm. Since they couldn’t find any job for me, I am planning to apply for a job on my own.
1) Will there be any problem for Company B transfer my visa.
2) Can i travel to USA , with Company A visa stamping and Company B I-797?
I heard, in port of entry people are deported with two different approval. How far is it true?
I appreciate your help.
Thanks,
Ganesh
Ganesh,
1. You are still in India, and have not travelled to US. So there should be any issue w/ H-1 transfer as long as you have the approval copy of A or at least the receipt number.
2. Yes. I have not heard of any such cases. Were the cases just like yours or were there other factors as well?
Hi Saurabh,
I need your help on H1B. I have H1B which is valid up to April 31 2012. Before this my L1B was denied, so I had to go for H1B. But later I could not travel to US during the period because I was not eligible for LCA for the location (X) intended to travel. So now project has opportunity to travel to location(Y) in US. When I checked with my company officials I am not eiligible for most of the of locations because of company designation, pay etc.
So what should be next step? should I apply for L1B or L1A? Does this have any impact? Please suggest
Anand,
L-1A/B can be filed only if you qualify for them. The former requires a managerial role while the latter requires working in skills/tools/technologies/applications that are proprietary to the employer and not known outside the employer. If the employer is not willing to send you to US, then H-1 transfer is another option.
Here employer is willing to send to US, but the issue is I am not eligible for most of the locations because of prevailing wages under H1B(LCA). So employer is ready to send me under L1B. Since I already got my L1B rejected lat year(before H1B). I am not sure how to go-ahead for this.
Please suggest
Anand,
You need to see what will be your specific role/duties in US. That would determine whether you can go for H-1 or L-1B or L-1A (or none).
Hi Saurabh,
I was in US from May 2011 to Oct 2011 on H1B for Company A.Now am working in India. My Visa is valid till Feb 2014.
I have 2 questions.
1) Is it possible to apply H1 B transfer for another company from India ?
2) Does it require stamping ?
Thanks .
Hi Karthik
Let me know if you are looking for a H1B Transfer
hi bob,
I am also looking for h1b transfer, working in .net technologies exp. for 7 yrs. Please let me know how can I contact u.
Thanks,
PS
Hi Bob,
I am holding H1B but I have not traveled yet.Now I want to switch company and my questions are
1)Will my H1B be valid in company B(After switching) i mean by H1B transfer
2)If yes please guide me as I am looking for H1B transfer.
Thanks in asvance
Karthik,
1. Yes
2. No as long as your previous visa stamp is still valid.
Hi Saurabh,
My I-94 is valid till this month end.But My Petition(I129) is valid till Sep-31.
My employer has not yet filed for an extension.They said they will file it.
I dont want to transfer my petition to another company rite now.But at the worst case if there was some problem in extending and my I-94 has expired,
1)How long can i stay in US.
2)Can i be able to file/transfer my visa using another employer,as I-94 has expired.
3)If I was in a situation to go back to India,can the petition be used for any transfer or filing or can an extension be applied from India.
Please guide me at this situation.Your comments is very much helpful.
thanks,
Rajesh.
Rajesh,
1. If your I-94 expires and extension is not filed, then you need to leave US ASAP. If the extension has been filed, then you can stay for up to 240 days or extension denial date (whichever is earlier).
2. You can still apply for H-1 transfer once the I-94 has expired. However, they would issue 797 w/o I-94 in this case. This means you will have to enter US on stamped H-1 visa and that 797 to work for the new employer.
3. Yes, extension/transfer can be filed from India as well.
Hi Saurabh,
I have filed my H1B through a consultant company which was planning to place me at one of their client. I got my H1B transfered to a small indian company where the job is permanent kind of but they are paying me very less and also have a bond of 1 year which they disclosed after transfer and in th offer letter. Now If I accept the offer letter then I am not sure I will be able to survive in that amount with my family and if I decline then they may not give the I797 which is still with them and I only have the approved Petition no.
Till now I haven’t traveled to US with any of the company.
Can you please tell me is it possible that I can file new or transfer H1B on the basis of previous employer original I797 petition or only the petition no. which I recieved from the second employer.
PS,
You can file for H-1 transfer using the 1st petition. Its not required to use the most recent petition. As you are out of US, it is good as you don’t have to worry about maintaining status. The 2nd employer looks pretty unscrupulous as they didn’t disclose anything upfront and then added bond in the offer lette.
thanks Saurabh for ur promptness and response. I sincerely respect and thank you for the job what u r doing.
I am not sure that my 1st employer has revoked my petition or not my second employer has transfered already. I have visa stamped in pp with first company.
Now let’s assume that both has revoked or canceled my h1b petition, then waht option is left with me to retain my h1b approval so that anytimein future I can go with Other company where I feel safe. I don’t want to transfer my h1b In hurry to some other company as I don’t want to land up again in same situation. I will take some time and search for some reputed organization. Please suggest.
PS,
In future, you can submit 797 copy from 1st employer to 3rd employer and ask them to file cap exempt H-1 petition (aka H-1 transfer) for you. This doesn’t need to happen immediately and can be done in next year or two as well. Based on your 1st approval notice, you will be considered to have made through the quota.
Thanks Saurabh, but can my first employer revoke or cancel the h1b? Or it can’t be done as it’s stamped on passport
PS,
They can inform USCIS that you no longer work for them and they want to cancel the petition. However, you can still use it to file another cap-exempt petition even after employer has got it canceled.
Hi Saurabh,
After the employer has canceled the petition, the employee has 1 month (30 days) to file another cap-exempt petition? Right?
Thanks!
Raghav
Raghav,
When outside US, I don’t think there is any such rule. It can be filed even after 1 year.
When inside US, it needs to be done ASAP. Reason being USCIS will look at your legal status at the time of filing. If you have stayed for 15 days w/o salary (as you are no longer employed w/ old employer), USCIS will issue new 797 w/o I-94 attached.
Hi Saurabh,
The Indian employer is threatning me to send a legal notice to my US sponsor and my current indian company if I will not pay them the Transfer Cost( H1b fees + Premium fees +attorney fees). Please let me know can he force me to pay for this transfer cost after transfering my H1b visa. As I know the H1b filing fees should be borne by Employer not by employee.
During my research I found
Sec. 413 (a)(vi)(II)
“It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee.”
Can I also fight back and say that its against the law and I will log your complaint against this in USCIS.
1) Will USCIS takes frequent action against this and what valid proof should I have to do the same.
2) In my email exchange, its visible that I have shown my interest and willingness in Visa transfer, so will it lead any kind of impact on USCIS and Indian law that I have to bear the cost of transfer?
3) Once the visa is filed/ transfer after the verbal commitment from the employee, and employee later not join the company due to some personal issue, can company file a case of Breach of contract or Fraud?
Hi Saurabh,
I am in trouble now, I rejected the offer from the second company and now they are asking for the transfer (fees+ Premium Processing + Attorney fees i.e. $5000), If I say no then they are saying we will send notice to the first company in US who has filed your visa in US and also to my current employer in India. I am worried that can I get blacklisted from US as they have my SSN also which was given while filing H1b. They have my H1b transfered to their name now they can file any damn case against me. Please suggest what should I do?
Thanks
PS,
You are thinking too much :). Relax. They cannot blacklist you from entering US.
Did you sign any contract w/ them to pay them the fees? Legally, employer is supposed to pay for the bulk of the H-1 fees. Premium processing and attorney fees can be paid by the employee but not others. Yes, they can send the case details to other companies, and you will have to keep them in loop to make sure they support you.
How come you have SSN? It is given only one has reached US, and as per your post you have never traveled to US. Are you taking receipt number to be SSN? If you really want to take up a fight, ask them to give you in writing that they want you to refund the fees. Later, if they harass you, then you can tell them that you will let USCIS know that they want H-1 fees from you (illegal) and get them blacklisted.
Lastly, there is nothing like H-1 “transfer”. USCIS basically approevs another petition for another employe and you end up w/ 2 petitions w/ 2 employers. Your H-1 w/ old employer is still valid and can use it to travel to US, or approach another employer for another petition.
You can consult a labor attorney in India as well to know what your rights are and how you can stop the company from harassing you.
Thanks Saurabh,
I have SSN as I was on l1 long time back.
I have n’t sign any offer letter and agreement regarding US employment.
But I am worried if first employer also cancel as I am not traveling withbthem. You have replied in the previous post that if both petitions cancelled then also I have valid h1b.
PS,
Yes, even if both of them cancel your H-1, you can still go to US through another employer after they have filed cap-exempt petition for you.
Hi Saurabh,
The Indian employer is threatning me to send a legal notice to my US sponsor and my current indian company if I will not pay them the Transfer Cost( H1b fees + Premium fees +attorney fees). Please let me know can he force me to pay for this transfer cost after transfering my H1b visa. As I know the H1b filing fees should be borne by Employer not by employee.
During my research I found
Sec. 413 (a)(vi)(II)
“It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee.”
Can I also fight back and say that its against the law and I will log your complaint against this in USCIS.
1) Will USCIS takes frequent action against this and what valid proof should I have to do the same.
2) In my email exchange, its visible that I have shown my interest and willingness in Visa transfer, so will it lead any kind of impact on USCIS and Indian law that I have to bear the cost of transfer?
3) Once the visa is filed/ transfer after the verbal commitment from the employee, and employee later not join the company due to some personal issue, can company file a case of Breach of contract or Fraud?
PS,
Lot of times companies take this course to generate fear in the employer. Legally, they cannot ask you to pay for the fees. I still don’t get what kind of legal notice they will send to your employers. You can talk to an attorney in India to know what kind of notice they can send.
1. Do you have something in writing that they want you to pay for the fees. That would make your case stronger, as what they are asking is against the law. You can complain to USCIS stating they are asking you to pay the fees, and they will start the investigation.
2. No, it won’t
3. No, employee is free to make that decision. I am not sure about Indian laws but you are safe from US laws’ perspective.
Hi Saurabh,
I am working for employer “X” currentle. Got an offer from employer “Y”, they have filed my H1B transfer in Premium Processing in Vermont centre, I have recept number but it is showing “Acceptance” on 9th calendar day. I have 3 questions.
1. If I get RFE then also am I good to join employer “Y”.
2. Do Vermont centre really update online status for Premium Processing?
3. Can I resign from employer “X” and join “Y” after 2 weeks. Can “X” revoke my visa when I resign or they have to wait till my last day to send revoke request?
Thanks in Advance.
Samit Grover
Samit Grover,
1. Yes
2. Usually they do
3. Its up to X how to handle it. They can send the request the very same day or wait for 2 weeks. Usually the employer will send the request on the last working day.
In case you join Y and the transfer is denied, then you will either have to go back to X, or file H-1 transfer to another employer or leave US.
Thanks Saurabh,
I think it’s better to wait for USCIS decision and then resign. It’s just another week, I will wait.
Hi Saurabh,
Similar to this scenario, I stayed with my employer for 3 months on receipt. I mean, I have changed status from L1 to H1 and H1 is filed in November 2011 with effective date November 1, 2011 and approved in March 2012. I moved to my H1 employer in December 2011 and I stayed 3 months on H1 receipt. Is this status legal and does my employer has paid taxes during this period ? One of my friend suggested that my status is not legal during 3 months and my employer should not run payroll when H1 is not approved.
Thanks!!
Shravan,
As the COS became effective in Mar 2012, you should have joined them in Mar and not Dec. You should not have worked for them in Dec. It wasn’t legal. You should discuss w/ an attorney about any repercussions it can have in future.
Hi Saurabh,
I currently have Visa stamped with Company A and haven’t travelled to US yet. If I get another offer from Company B can I still travel with the previous visa stamp which has petitioner as Company A? Do I need to go for stamping again with company B? Please clarify.
Kiran,
You don’t need to go for another visa stamping as long as previous visa stamp is still valid. This holds true even after you have changed H-1 employers.
Thanks Saurabh. Yes Visa is still valid for another 2.5 years.
Once I travel to US and work for Company B for 6months can I move back to company A without visa transfer? Also am planning to comeback to India after that 6months and reenter US. In that case can I still use company A’s approval notice and reenter US? Do you see any problems?
Kiran,
Yes you can work for A if the petition for them is still valid. You can return back on A’s approval notice (i.e. 797) only if you intend to work for A after returning to US. As long as you are maintaining legal status in US, you should be fine.
Hi Saurabh, Not sure if you have already answered this question.
I was in US from Sept, 2010 to Jan 2012 and my H1B visa is valid till Aug 03, 2012.
I am now back in India. I am working with Co ABC. Can Co. XYZ get my H1 transferred in their name? If yes, till what date can I travel on my current visa?
How much time will the transfer take?
Sachin Srivastava,
The new employer can file cap-exempt petition (aka H-1 transfer) for you. You can travel on current visa until its expiration date. After that, you will have to go for H-1 visa stamping through the employer you are planning to work for on H-1. Transfer can take 2-6 months under regular processing, or 15 calendar days under PP. RFE time is separate.
Thanks Saurabh.
Is Amendment needed in the H1 transfer. Is yes, how much time will that take?
Sachin Srivastava,
H-1 transfer involves filing a brand new petition by the employer for you, which doesn’t need to go through the cap/quota system. Amendment is filed by the employer on a petition that has already been approved by them. So there is no amendment filing in case of transfer. Under regular processing, it can take 2-6 months, while under PP it would be done in 15 calendar days (not including RFE time).
Hello Saurabh,
How are you !!
I have been taking your help on and off in the past few months. And now again I am stuck her. My H1 is in the process of getting transferred. I got it done under PP. I got RFE on march 1st 2012. My employer didn’t tell me what docs were required. On March 21st, USCIS received the docs but in that case status it was written that I should expect to receive a written decision/update within 60 days of the date they have received the response unless fingerprinting or interview is required.
My question is that when I got it done under PP, so why are they taking this much of time? I mean they have written “within 60 days”, but in PP they have to provide the result in 15 days.
Please help me.
Thank you
Have a good day
Udiksha
Udiksha,
That’s a standard response message they use. However, your response will still be considered under PP and will be adjudicated within 15 calendar days. It’s not just you, they have shown that message to several other members on this blog, but they got the result within 15 calendar days.
That’s a relief.. Thank you so much for the information.
God Bless 🙂
Hi Saurabh,
I got RFE in my H1 Transfer. Mine is EVC model. Its related to ‘Employer Employee relationship’. I’ll be submitting the client letter, SOW, contract between
Employer to Vendor and Vendor to Client, W2, Paystubs (Dec to Feb), employer time sheets, status reports and other documents which my employer will submit.
Please suggest what other documents may need to submit.
Also Please let me know from your experience, whether currently USCIS is approving the H1 transfer if there is a EVC model after submitting relevant documents ?
Thanks a lot for your reply.
Ranjith,
Frankly speaking, EVC model has lesser chances of approval. When showing EER, your employer needs to demonstrate how he controls your daily tasks and activities at the client site. This could be shown by an employer representative sitting at the client site, or making frequent visits to the client site to meet client and get tasks, and then pass it on to you. The documents you mentioned do not demonstrate EER, but show the validity of contract b/w your employer, vendor and client.
Hi Sourabh,
Few years back, people used to get H1B valid for 2 to 2.5 years irrespective of the duration of the project contract agreement with client. Later the rule changed and they strted issuing till MSA(project contract) valid. People used to get the visas valid for just 2 month 3 month like that..
This rule is same for extension also ? The extension also will happen only till the project contract validity, which is submitted along with other documents for extension ? I have not travelled to USA and I have applied for extension from india. My project agreement is valid till september only.
Thanks
Krishna
Krishna,
Yes it can happen during extension as well. If the employer is a big reputed firm, then they can extend it for the term mentioned in I-129. Else for small companies they can issue it for just the contract duration or even lower, based on their review and discretion.
It means that it is not compulsary that visa validity will be till the validity of the contract agreement. It can be same or more than that period.
Am I right ?
Krishna,
Yes, it can be longer especially when USCIS consider employer as a law abiding one. For small to medium size employers, it is usually not approved beyond contract expiration date.
Hi Saurabh,
I have got query regarding H1b Transfer.
My Situation:-
On L1b visa for 3+ years. My Employer(x) wants to apply H1b normal (without COS).
My questions are (considering h1b normal petition approved through employer X):-
1) If my current employer has not applied for COS, Can another emlopyer(y) file for
COS based on petition approved by current employer X?
Reason why I am asking this :-
I talked with one of desi consultancies and he told that I have to work on atleast two pay stub on H1b. If that’s the case then I won’t get any benefit if my current employer applies for H1b.
Thanks for all help.
-Vipul
Vipul,
Yes, they can. The new employer will have to file for H-1 transfer by submitting copt of old approved 797 and recent L-1 payslips. As you will be on L-1 status, you need to submit L-1 payslips and not H-1.
Thanks Saurabh!
Dear Saurabh,
I got a job offer from company X and got H1B stamped in Jan 2012. After the stamping I came to know about few terms and condition on offer which were uncomfortable for me and I rejected the offer.
Now my current company Y is asking me to go on a project and they are applying for L1B and I have to attend visa interview in April 2nd week. My questions are:
1. Will H1B already stamped will impact my L1B visa approval?
2. If I qualify all the criteria of L1B, will my H1B will influence the decision.
3. Will he cancel my H1B if L1B is rejected?
Manoj,
1. It won’t. You may be asked about H-1, but it won’t impact the decision
2. It won’t
3. It is the discretion of the officer
Hi Saurabh,
I am currently working as researcher for a hospital. I have applied for a H1B cap exempt quota and was granted a I797 in February. I am planning to change jobs since my current project is about to end in june…my question is if i apply for regular H1B this year, will I be able to start the job as soon as possible or should I wait till october 1st to start the job.
Chandra,
There was some discussion on this topic sometime ago and someone posted responses from the attorney. They had mentioned that one can start working for new employer one the H-1 gets approved based on AC-21 portability even though the new H-1 will be valid from Oct 1 (earliest start date of cap-subject H-1). You can get this verified by your attorney as well.
Hello Saurabh,
I already have an H1B (without stamping) from my employer A. Now I got a new job from employer B and they are willing to transfer my H1B. My question is, can my present employer cancel my H1B visa after the transfer of visa has been made by employer B?
What is the general norm followed in these situations? Find a new job, let new employer (B) transfer your H1B and then let your present employer (A) know that you got a new job? Please let me know.
Thanks!
Raghav
Raghav,
After you have transfered the H-1 to B, A can cancel your H-1 797. However, it will not impact B’s petition. As no stamping has been done yet, you can then go for H-1 visa stamping carrying B’s documents.
Yes, that the process to transfer H-1.
Saurabh,
Thanks for your feedback. I have a followup question regarding visa stamping for employer B. So after they have transferred my visa and before visa stamping, can I leave employer A and start working for employer B? Please let me know!
Raghav,
I think you are referring to work for B outside of US. Yes, you can do that.
Saurabh,
No infact I was referring to working for B in the US. Since I am already here working for A and got a job offer from B.
Raghav,
Oh I thought you were out of US. Yes, you can start working for B as soon as the transfer petition is received by USCIS. If you want to play safe, then you can start working for B just after receiving the approval.
I was on L1 from Dec 2007 to Sep 2009. My company “X” applied for H1 in March 2009. My petition approved with dates from 1st Oct 2009 to 1st Oct 2012.
I came back to india on 30th Sep 2009. I never went for visa stamping on H1. Now (Mar 2012) I got a good offer from Company “Y” in US. Can they apply for H1 transfer ?
Regards
Ridhi
If the answer is yes, can you please tell me how much time it takes for transfer of H1 from company X to company Y. Is there any way to speed up this.
Thanks
Ridhi
Ridhi,
Regular processing can take 2-6 months. It can also be applied w/ premium processing when it would be done within 15 calendar days. If RFE is issued, it could take longer.
Ridhi,
Yes, they can go for H-1 transfer – file cap-exempt petition for you on the basis of already approved H-1 petition.
Scenario 1: Applicant has never been to US
In this case, question regarding prior status doesn’t exist because as long as you are outside of US you don’t a legal status. —–
I have the same case…
Is there any chance for transfering the VISA to some other company ?
Rahul,
Yes
Hi Saurabh,
I am on L1 visa in USA and it is getting expired on July.I will be renewing it and going to india and come back before july.I am in USA from paast 1 year.
I have the below question:-
1. Is it ok if i come to USA 10 days before my L1 getting expired(with a visa extension letter but without stamping in INDIA since it is not required).
2. If i again go back to INDIA in december i need to go for stamping right??and for that i heard lot of rejection is going on although it is approved .Is it true??
Is the staming in INDIA is just for namesake??
Regards,
Abhay Kumar
Abhay Kumar,
1. Yes, that is possible
2. Yes, stamping will be required. Yes, it can be rejected during stamping even though the petition was approved. Do not take stamping lightly.
Also, if you leave US while extension is pending then your I-94 extension will be abandoned. You will have to file for it again after you return back to US. Talk to your attorney on how to handle this situation.
Thanks sourabh..
How is the probablity of rejection??Is it the same as a new one or diffrent.
Does it matter to them that i had worked for a yr in USA while going for stamping??
Abhay Kumar,
Chances of rejection will depend upon whether your employer is within L-1 rules or not. If you are using employer specific tools/applications/technology/skills which are not available outside employer, then chances of approval are high. If you are working on more commonly available technologies like Java, .NET etc then chances of rejection are high (both during extension and stamping).
HI Saurabh,
I am currently on L1 if I change my status from L1 to H-1b can I eligible to work immediately means approval or I have wait till October please advise…
Thanks
G J
GJ,
You will have to wait until Oct to start working on H-1.
Hi Saurabh,
My employer is planning to file H1B cap exempt petition.
Will I be able to change employers in US if I travel on a H1b cap exempt petition.
Kindly clarify.
Regards,
Girish
Girish,
Yes, you can change employers. Are they filing cap-exempt b/c you have already been counted in the quota in the past, or b/c their organization is exempted?
Saurabh,
Thanks for your reply.
Yes they are filing cap-exempt b/c I have already been counted in the quota in the past.
Please let me know in this case if I can transfer the cap exempt H1 petition and change employers.
Regards,
Girish
Girish,
Yes you can change employers in future even after this cap-exempt petition. Those H-1 transfer petitions will also be cap-exempt petition as you have already been counted in the cap in the past.
Hi Saurabh,
I am working as a full time employee with Company A (who filed my H1B) and got a job with Company B (who agreed to transfer my H1B). My offer letter with Company A states that “Your employment will continue until terminated by either you or Company on at least two (2) weeks’ notice, only at the end of the project assignment, if any (except no advance notice is required by the Company if the termination of your employment is for cause). During the term of your employment with us, you may be working with various clients of Company. You understand and agree to complete any project you start with our client unless you are medically unfit to perform the duties”.
My concern is regarding this part “only at the end of the project assignment, if any (except no advance notice is required by the Company if the termination of your employment is for cause). During the term of your employment with us, you may be working with various clients of Company. You understand and agree to complete any project you start with our client unless you are medically unfit to perform the duties”. So my question is: Is it common to mention about “leaving the company only at the end of the project” in an offer letter? And if I leave the company before finishing the project I am working on, can my employer take legal action against me?
I understand that you are not a lawyer but just wanted your opinion?
Please let me know.
Thanks!
Raghav
Raghav,
Employment is at will in US, and one cannot be forced to stay w/ them for set number of months/years. Lot of times employers add that text in contract to generate fear amongst employees. Yes, they can sue for reasonable business losses, but they will have to show that in a court. It would be better to get it reviewed by a labor attorney as well.
Thanks so much Saurabh, do you have any recommendations for a labor attorney? Please let me know
Raghav,
No I don’t know any labor attorneys.
Hi,
I have applied for H1B extension in 3,November 2011. My petition is not yet approved. How long it will take ? Can I expect the petition approved in April 2012
thanks
Krishna
Krishna,
It can take 2-6 months.
Saurabh,
Thanks for the reply…
I know that H1b will cost around 2 lakhs to company. Is it at the time of applying for H1B or at the time of going for stamping ?
If it is at the time of applying, how will be at the time of stamoing
Thanks
Krishna
Krishna,
2 lac rupees = 4000 USD. That looks like the cost at the time of petition filing. During stamping, one needs to pay for HDFC fees (around 8000 rupees).
Hi Saurabh,
I had petition-1 filed by a consultancy[I didnt go for visa interview with this] and H1 transfer filed by another employer[I got Visa stamped with this employer]. Now consultancy says that they are cancelling my H1 Visa. I hope they can cancel only petition-1 filed by them and it wont have any effect on my H1 stamping in the passport. Please clarify.
Kiran,
You are all set. They will only be able to cancel petition 1 and nothing else. It will not effect your petition 2 and visa stamp from petition 2.
Hi Saurabh
I have a question about a name in my I-129 H application for a H1B petition. My H1B was expired and my employer filed for an extension. I have received the new petition. My question is ,while applying the extension my employer has filled the I-129 form with my first name as ( my first name+my middle name) instead of my Fist name. I.e My full name is Arya dheeraj Singh where Arya is Fistname, Dheeraj as middle name and singh as Lats name. My employer applied with Arya Dheeraj as my First name. In My old petition my first was mentioned as Just Arya. Could this be any problem? Since I-129H is an application to get a petetion and already i got the approved petition do i need to inform USCIS to change the name or can i leave like that? Please help me in this regard.
Arya,
I don’t think it will be an issue, but you should check w/ attorney as well.
Before how many months I should apply for H1B transfer or H1B extension to get a new I94? I mean toget approval for anothe years?
Manoj,
H-1 extension can be applied as early as 6 months prior to I-94 expiration date. H1 transfer can be applied anytime while the petition is valid. The new H-1 validity date will depend upon what your employer requests, and what USCIS seems appropriate based on submitted documents.
Hi,
Thanks for your great help. I am on L1B in US since Feb 2010 with validity upto Nov 2012. Since many L1s are getting rejected mycompany is going for H1B with premium processing in April 2012 with COS to H1B. My questions are:
1. When I will roughly know the result if it is premium processing and my petition is filed on 2 Apr 2012?
2. My H1B visa was refused in May 2006 with white 221(g) without any specific reason mentioned. Will it have any affect on my current H1B petition approval?
3. I know that the new H1B will be valid from 01 Oct 2012 if it is approved. So if my H1B is approved in May 2012 with validity from 01 Oct 2012……in case if I go to India in August 2012 and return in Sept 2012(my L1B visa is valid upto Nov 2012)…do I need to go for stamping for H1B or I can I re-enter US with L1B? (I am aware that if I leave US after 01 Oct 2012 I need to go for stamping for my H1B visa to reenter US)
4. If I leave to India in Nov 2012 and when I go for H1B stamping ..what answer should I give for the question ‘Why your company has done H1B… why they have not extended your L1B?”…..or in no case they would ask this question?
Please clarifiy and thanks again for all your great help.
Regards
Kishore
Kishore,
1. If everything goes fine, then within 15 calendar days. In case RFE is issued, then it can take longer depending upon how long it takes for your employer to respond back.
2. I don’t think it will unless it was related to you submitting false documents and/or information.
3. If you leave and enter US before Oct 2012, your status will no longer change automatically to H-1 from Oct 1. This is b/c your status will be governed by the latest I-94 you have, which in this case will be the one issued to you at PoE on returning to US. So you will have to get H-1 visa stamped and then enter on stamped H-1 visa to get I-94 for H-1. Else, your employer will have to file COS from L-1 to H-1 and you will be on H-1 from COS approval date.
4. L-1 and H-1 have different job requirements. So if you are working on specialized knowledge like Java, .NET etc, then you can mention that H-1 is the more suitable visa for the kind of work you are doing.
Hi Saurabh,
I am currently on H1B for company ‘A’. I have got an offer from Company ‘B’ and my H1B petition with Company ‘B’ got approved (in Dec 2011) and new I-94 is up to Dec 2014.
After My petition got approved, I travelled to India and come back ( In February 2012). Now my new I-94 is as per the Company ‘A’ H1B petition i.e 12th Nov 2012.
I am going to join Company ‘B’ next week.
1) Do I need to extend the I-94 now?
2) Will this create any problem now/future?
Thanks in Advance
I asked the immigration service group of Company ‘B’. They are telling that you can’t join company B now as you entered USA on company ‘A’ visa stamp. What can I do now?
Malli,
So they are saying b/c your latest I-94 is from A you cannot work for B. That doesn’t sound right. Anyways, what options are they suggesting for you to join B now?
They are suggesting two options to me now
a) Applying new petition again with company B (or)
b) Go out of country and get stamp (with company ‘B’ petition) done and come back with new I-94
What I heard these are not required. If we send the new petition to USCIS by asking I-94, we can get the new I-94.
1)Is this correct?
2)What is best way to do in this scenario?
3)Is I-94 or visa stamp problem to join company ‘B’?
Note: I am serving notice period with company ‘A’ now.
Malli,
I don’t agree to the option of getting visa stamped w/ B’s petition. As long as the old petition is valid, one doesn’t need to get another visa stamped. What you can do is travel to CA/MX and return to US showing B’s petition and A’s visa stamp. Check w/ the team if this is acceptable to them. You can also check w/ an independent immigration lawyer about this.
Malli,
1. Not at the moment. They would need to file for extension when your current I-94 is about to expire. It can be filed at most 6 months in advance.
2. I don’t see any problems as long as you continue maintaining legal status.
Hi Sourab,
Just want to know what is “letter to Uscis”.
MI,
I don’t know which context you are asking this question, but I assume you are referring to the letter that employer sends to USCIS at the time of petition filing as a cover letter explaining why they want to hire you etc.
Hi Saurabh,
Will a H1B transfer get any problem becuase of the job description mentioned in the documents like client/vendor letter ? Like its happening for L1 visas ? I heard that L1 visas are getting rejected because of “not having specialized skill set”. Is it the same case of H1 ?
Please share your knowledge.
Ranjith,
Most of the H-1 rejections I have seen are around employer credentials and employer-employee relationship. Few of them are for qualification of the applicant – for example a candidate who has done MBA and B.Com appearing for an IT position.
I have applied for transfer of H1B from company A to B, it is under process. I am working for a MNC in bangalore for another company C. Now I am moving to Australia from company C.
1> Can I go for H1B visa stamping at Australia? any changes are required while applying or attending interview at Australian VO?
2> Is possibility is more for stamping H1B in Australia than India?
AK,
1. You will have to check w/ the consulate in Australia about their policy on TCN (third country nationals). Usually it is ok when one has done studies in that country, but in your case it is better to check w/ the consulate about their policies.
2. I don’t know the success rate in Australia, but in India petitions filed through consulting companies are often subject to 221g AAP.