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.
Saurabh,
My Original H1 petition was from 02/25/2003 to 02/25/2006 and I got it renewed from 03/06/2006 to 03/06/2009.
However, my periods of stay in US are
AUG 2003 to NOV 2005 – 2 Years 3 Months
JUL 2007 to JUN 2008 – 11 Months
Am I eligible to renew this? or Do I need to go for a fresh H1B?
Regards,
Venkat
I forgot to mention couple of things….i am currently in India and I am planning to get my H1B transferred to a new employer. Please let me know if I can use my existing H1B for remaining 3 years approx.
Regards,
Venkat
Venkat,
You can get it renewed/extended by same/different employer. Yes, another employer can file a cap-exempt petition for you on the basis of previously approved petition. You will be eligible for 2 years 10 months on H-1.
Hi Saurabh,
I am holding a H1B stamped in Jan’12 with Comp A valid till Oct ’14. I filed H1b trf ( I 129) & I 539 ( extn till May 2015) for spouse last week and in USCIS website it is showing in Decision Status as APPROVED. Now my question is can I go ahead and resign with my current employer ( we have notice period is 2 weeks) or do I still need to wait for something which might be an hindrance in joinig Comp B.
Thanks for your response.
Ramesh,
That status should be good enough for you to resign from old employer. If the old employer asks you leave ASAP (they might be unhappy about the resignation), then you can immediately join the new employer.
Hi Saurabh,
How much time it takes for H1B amendment for material change ( Job role ) through premium process?
Thanks
RP
RP,
When filed through PP, it should be done within 15 calendar days. BTW, are you sure your amendment was filed w/ PP?
Hi Saurabh
How are you?
My current employer is applied for new LCA for location transfer if worst case salary is will come difference between new LCA and old LCA, then in this case amendment is required or not?
Can I travel after amendment is applied ? if not when can my travel posible?
Thanks
RP
RP,
As per USCIS, amendment is required whenever LCA changes. So even if the salary remains the same, the fact that you now have a new LCA for the new location, you should get H-1 amendment filed.
Is your H-1 visa already stamped?
Yes it stamped..
1. how much time it takes for Amendment through premium process and normal process?
Thanks
RP
RP,
If PP is filed then it will be done within 15 calendar days. Under normal processing, it can take 2-4 months.
Hi Saurabh,
What are the chances of H1b transfer approval before flying to US. Are there any scenarios where rejection/ Denial is possible
Thanks
Swaroop
Yes, there is a chance to go for H1B transfer before you fly to US. But if your current employer knows this then they can cancel it. So no need to inform anything to current employer.
Vijay,
In addition to what RP said, the transfer itself can be denied based on the documents/information submitted by the new employer.
Hi Surabh
I am currently on L1 visa in USA for employer A. My new employer B ready to file H1B for me for this year. Here my constraint is, I have to go back to INDIA and resign with employer A. Also at the same time I would not like to go through consulate H1B visa process.
This is to avoid any H1B visa rejection chances.
Is there any possibility to over come this situation.
Can I travel to US on L1 visa again in the mean time when my employer A inform USCIS to cancel the L1 petition upon my resignation and its get cancelled.
I do also have B1 visa for another 5 years.
Your inputs would be appreciated.
Thanks
Venkat
Venkat,
You cannot return on L-1 visa once you have resigned from that company. Even though the visa may still be valid it would be illegal to use it. If you enter US on B-1 w/ pretext of filing COS to H-1, then that would be misuse of B-1 visa. If USCIS determines that you used B-1 just for this reason, then they can deny the COS.
Discuss w/ your attorney on which option to pick and how to minimize the risks.
Hi saurabh,
I just need your help in one decision.
I am on H1B visa in US working with X company. I have got offers from Y and Z (signed the offer letters) my question is:
Can both the companies apply for visa transfer simultaneously?
Can i choose one company and say no to another when both have invested on transfer and is approved?
If so , are there any chances that the company can file issue/case againt me saying that the candidate had accepted offer and now after transfer ,he is not joining.?
Please help.
J,
Yes, they can file in parallel. You can decide to work for either company (or stay back w/ X) in case both get approved. They can sue you for reasonable business losses depending upon what kind of offer letter you have signed w/ them. It would be better to get the letters reviewed by a labor attorney.
Hi Saurabh,
Do we need to pay the labor attorney? Or is there a government approved body where it can be verified?
Thanks
Thanks saurabh,
one more question on same. I know there will be no definite answer to this but still.
Among companies like wipro,tcs,infy,capgemini etc did you ever come across anyone filing case for not joining thier company.
I know people do keep 1 or 2 offers always before switching. Your experience on this will give me some confidence on taking decision.
Note: companies are doing premium h1 transfers for me. Offer letters are normal with all clauses as usual. I assume everybody gets similar offer letters.(i dnt know any labor attorny,can you please suggest if required)
Please assist.
J,
I don’t know of any specific cases where the employer decided to go after the employee or decided not to.
Hello Saurabh.
I am working for company A and my H1b valid till 2013 sept. Since beginning of this year I started looking for another job.After couple of months got fed up and thought of taking vacation. As soon as I booked the ticket to India, I was offered a job from company B. Initially I thought to cancel the ticket, but the company B said to go ahead and take my vacation and not inform company A about my resignation till I come back.So they said my start date is July 2nd with company B. I will be back in US on June 14th. I already submitted required documents to the lawyer(for the new company, for H1b Transfer). Lawyer said to submit my new I94 after I return to USA. I assume they will start the process after I come back to US? Is it true? If yes, do you think the time between June 15th to July 2nd, is that sufficient for the paper work to be completed?
Just want to add one more thing. The lawyer has applied for LCA on May 11th
ABC,
If they complete all the paperwork now and just wait for your new I-94, then this can be done b/w those dates. Even if it goes beyond Jul 2, it should be fine as the employer can change the employment start date to a later date.
Hi Saurabh
I work for company A and i got a job in company B. Company B initiated H1B transfer. on 05/18 status is showing as Request for evidence in USCIS website. I talk to my new employer, they told me that they did not received the documents from USCIS yet. I ‘m not sure what are the documents USCIS has requested. Generally how long it takes to get the documents from USCIS and is there any chance for transfer getting rejected. FYI My new employer is one of the top MNCs in the world.
Thanks
Arya
Arya,
The employer should receive the physical RFE notice within 2-3 weeks (at times up to 30 days). If they have filed it through premium processing, then they would have received the RFE details in the email as well. Yes, there is a always a possibility of transfer getting denied based on the submitted documents and information.
Thanks Saurabh for your reply. My current i-94 is valid till 2014. So in case if my H1B transfer is rejected i can continue with my current employer right? Please confirm.
Arya,
Yes, you can continue w/ current employer in case transfer is denied.
Hi saurabh,
this is my scenario
i have valid H1B visa stamp on my passport with company A.and i returned to india on some personal work a month back and my company wants me to stay here for 2 more months.which i dont want to.
–>now i want to change to company B.can my H1 is transfereble to company B.is yes how long will it take.
->>if i go to US on company a visa.do i need to stay with them for 2 months so that i get 2 paystubs for transfer.tell me the minimum time i need to be with a company if i got to US on their visa.
Harish,
1. Yes. Under normal processing it can take 2-6 months. Under premium processing it can be done in 15 calendar days. This doesn’t include LCA time (around 2-3 weeks) and any delay due to RFE
2. No such requirement. If you enter US on B’s visa then you can file for H-1 transfer soon after entering US. If you stayed w/ B for at least 1 pay period, then you will need payslips from B for that period.
Hi,
I did my Masters from the US and am working for a good company (3500 employees), hired directly by the company. My H1B was filed and stamped last year, valid until 2014 . I recently got a new job, the employer is willing to do an H1B transfer, however they want to do it via regular processing and want me to start when they receive the receipt notice from USCIS. My question is what are the chances of H1B getting rejected ? Also can the new company file my H1B again after rejection?
AS,
Chances of approval vary from case to case, and it is not possible to say if it would be approved or denied in your case. Yes, they can file for another petition after the denial after taking care of the denial reasons.
Hi Saurabh,
How are you doing?
I have H1B visa for “A” Location but I need to go for another location like “B” with the same client. here are my queries.
1. Is it require amendment for location transfer with same client and company?
2. How this location transfer will process and how much time is require for it?
Thanks
RP
RP,
1. Yes, a new LCA and then H-1 amendment
2. LCA would take around 2-3 weeks. H-1 amendment would take couple of months.
Hi,
I have done H1 transfer, my future employer has said he will do it in premium processing. how will i track it what stage it is ? did H1 transfer will have different case number or i can track using same case number as my current H1b visa ?
Thanks,
Anil
Anil,
It will have a different case number. Once the petition is received by USCIS, they will issue a new receipt number and you can track it online on USCIS website.
Hi Saurabh,
My husband had applied for L1A visa in premium procesing.Today he got a RFE. Currently I am 34 weeks pregnant and due to medical reasons i cannot travel back to India.What happens in case our visa is rejected??? Please help in this regards
Thankyou…
Pallavi,
In case the visa gets denied, you can request to move to B-1/2 status to stay in US until the baby is strong/immune enough to travel. However, as your I-94 would have expired by then, B-1/2 may not get approved. Talk to an attorney on how to handle such a scenario.
can we reapply the L1a visa???
Pallavi,
It can be applied from outside of US. However, it cannot be reapplied from within US if the I-94 has expired.
Hi,
I will be travelling to US on H1b on supposedly a long term project, however, instead of giving me wages my company will be giving my around $60 per diem along with accomodation.
My question to you is:
1. Is this legal to send an employee on a per diem basis especially on h1b visa?
2. If this is okay, will I face any issue while transferring my Visa to another employer ? I’m assuming i wont be getting any pay stubs coz of per diem.
Suraj,
1. They need to pay you as per the LCA. What will per diem total come out to be for a month? Will that be over the LCA amount?
2. It can cause issue if the amount is less than LCA, and if no payslips are issued
Hi Saurabh,
I have valid H1B visa from X company valid till 2014. I have contacted Y company he told that he will arrange client interview and he will provide all the relevant client letters once I got selected client interview he asked me to not inform X company that I am coming to US with X company Visa and petition.
If I inform my current employee he will rewove my petition and ask to service notice period.
Could you please provide your valuable suggestion on this.
Regards,
Rahul.
Rahul,
You should not enter US on X’s petition unless they are aware about it. If Y wants to hire you, then they need to file cap-exempt petition for you and once approved you can travel to US on X’s visa stamp and Y’s petition. Y can file the transfer petition even after X revokes the petition. However, if X revokes the visa stamp (i.e. send the passport to consulate for visa cancelation), then you will have to go for stamping again through Y.
Hi Saurabh,
how will one get to know that company X has revoked the visa stamp from passport. How can we check, is there any website or can we call and check from USCIS.
Singh,
To revoke the visa stamp, company will ask for your passport and send it to consulate. Consulate will then mark the visa as canceled. This is how you will know.
Hi Saurabh,
Currently i am on L1B VISA and I have few question ..
1.Can i apply a H1b visa without COS so that i will come to know the visa petition gets approved or not and if it get approved depending on my choice i will apply cos may be on December and start working foe next employer on this H1B visa and till that time i will work on L1B.
Is this too much complicated or doable??
2. Same scenario as in above and once the petition gets approved can i transfer the H1B to another employer before October??and if i transfer then again do i need to apply cos that time??
Thanks in advance.
Aks
Aks,
1. This is possible
2. You can apply for H-1 transfer. When applying for H-1 transfer you have the option of either applying w/ or w/o COS.
Hi Saurabh,
I’m holding an H1B (valid until Feb 2012) and I had been to US for abt 7 months on an assignment with my current employer and no w its been a couple of months, I’m back in India.
The thing is, I’m getting an new job offer here in India itself who would like to send me to US.
I need your expert opinion on my following queries:
1. If I resign from my current employer, Is there a possibility that they might revoke my h1 petition?
2. If they do, will there be any issue with my h1b transfer petition which will be filed by my new employer?
3. Do you recommend me to get my h1 transfer done first before resigning from my current emplyer? (problem with that I will have to serve 2 months notice period after resigning which is too long for new employer)?
4. If my new employer files for transfer, can my existing employer still revoke my h1?
Looking forward to your guidance on this. Thanks!
Suraj
Suraj,
1. Yes, they can send an application to USCIS to withdraw the petition
2. There won’t be any issues w/ your H-1 transfer. Make sure you have a copy of the approved petition or at least the receipt number.
3. It is up to you whether to serve the notice period or not. They can file for H-1 transfer w/ premium processing. Once approved you can travel to US and work for them w/ or w/o serving the notice period.
4. Yes
Thanks Saurabh for your inputs. I just have few more queries:
1. My whole dilemma is whether should I resign now or should I wait for my h1 to get transfers to be on safer side? I’m just looking at the consequences if my current employer revokes my h1b before my h1 transfer gets approved.
2. If my current employer revokes my h1b, how long this of revocation takes and do they have to pay for that? Trying to understand the possibility if they would ever do that.
3. Supposing my h1b transfer gets approved, do I need to again go for stamping even I my existing stamp with old employer is valid?
Thanks again. Your comments will certainly help me in making my decision at this juncture.
Rgds,
Suraj
Suraj,
2. USCIS can take around 1-2 months to complete the withdrawal process. However, you can still go for cap-exempt petition even if old petition has been withdrawn by the employer
3. There is no need for another stamping as long as the previous visa stamp is valid
HI Saurabh,
My current employer has processed my LCA for transfer to another location effective from June 4, 2012. However, I have applied for H1B transfer with another employer under premium processing and hope to get it by 25th May, 2012. After that I will give resignation and provide a notice period of one month to my current employer. Notice period will be from say 28th May to 27 June.
My question – during my notice period can I work for my employer from current location or do I need to go to the new location as per LCA effective from 4th June.
Amar,
IMO, you can either work at the old location or the new one. Having the new LCA doesn’t mean you have to start working at the new location. It means that you can work at either of the two locations. So it should be fine.
Hi Saurabh
I have a friend who is looking to transfer his h1b to a end client. He has pay stubs for Feb and March, but was on vacation in April and he doesn’t have pay stub for April. The client wants to transfer his h1–my question is without April pay stub, will the transfer go through ? ( with feb and march pay stubs )
Please help me
Rimpy
Rimpy,
If the person was on genuine vacation, then he can go for transfer w/o that payslip. He can let the new employer know about this, so that they can include the same when filing the transfer.
Hi Saurabh,
So, if company Y process new petition I can use the X company Visa and Y petition is it right? Will it be any issue at port of entry since I am carrying X company Visa and Y Company petetion.
Also I dont want to inform my current employer X company I am leaving the company since they have 3 motns notice period. I will leave US as soon as possible I grt the new petion from Y company. Is this OK or will it be any issue at port of entry?
Regards,
Rahul.
Rahul,
There should not be an issue at PoE. However, you can check w/ Y’s attorney as well.
Hi,
I am planning to apply for H1B through a consultancy(Emp A) so I do not mis this year’s cap and I don’t want to go for stamping through this employer( Emp A) and if this H1B pettition is approved, here are my questions.
1) When another employer(Emp B) files a pettition with the approved pettition from Emp A, it will not be against the cap, correct?
2) What is the process for transfer?
Addition to SMS May 10, 2012 at 8:07 am
_______________________
I was in US on L1B for about 2 + years.
_________________________
SMS,
1. Yes, it will be cap-exempt
2. B needs to file cap-exempt petition for you and submit copy of A’s approved petition to show that it qualifies for a cap-exempt petition
Hi Saurabh
Me and my wife both are working in US at different location on H1B. Now my query is
1) If my wife leaves the current job and start searching for new opportunity at my place. Ideally there might be gap for some time depending on how much time it takes in getting new opportunity. Is it legally correct to keep staying in US on H1B only in that period
2) Does she need to change any status COS to h4 or something .
3) Again when she get the job ,can she move back to H1B status as a part of cap exempt.
Thnx in advance for help !!!
Shekhar,
She needs to move to H-4 for the period she is not working and then back to H-1 once she finds the job and ready to work. So (1) is incorrect but you need to do (2) and (3)
Hi Saurabh,
Thanks for your info,
What YYY employer is saying that, If I carry YYY Petition and XXX VISA I will be trouble. So YYY is asking me to come with XXX Visa and YYY petition. I requested YYY to process the petetion. If I come to US with XXX VISA and YYY petition will it be any issues?
I think they will ask more questions in port of entry if I carry different company visa along with different petition on this and also I dont want to inform XXX company that I am travelling with XXX Visa. If I inform them they will give trouble, Do I need to inform XXX company that I am travelling?
Regards,
Rahul.
Rahul,
Below info would help you.
[1] http://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-30133/0-0-0-35080/0-0-0-36154/0-0-0-36191.html
The interim rule, therefore, places the following condition on the foreign passport with a Form I-94: that the foreign passport with the Form I-94 is only acceptable where the individual is authorized to work incident to status with a particular employer, and the Form I-94 indicates an employer-specific nonimmigrant classification. Such documentation may be used only for purposes of establishing eligibility to work for the approved employer. This restriction does not relieve employe rs of the requirement to abide by any terms or conditions specified on any documentation issued by the Service. Similarly, the restriction does not permit employers to require individuals to present a specific document. The restriction does mean that a Form I-94 endorsed to permit employment incident to status with a specific employer may not be accepted as evidence of eligibility to work for other employers.
[2] http://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-42380/0-0-0-44857/0-0-0-46597/0-0-0-46748.html
This documentation will be the Form I-94, with an endorsement that specifies the employer with which work is authorized. The Service will modify its procedures for endorsing the departure portion of nonimmigrants’ Form I-94, so that the name of the approved employer will appear on the document. The employer’s name will also be noted on the arrival portion of the Form I-94 and entered into Service databases for verification and record-keeping purposes.
Rahul,
The visa stamp is not tied to a company, and can be used even after the person has changed employers. Is Y saying that you need to go for Y’s stamping next time you travel outside of US and are working on Y. This is not correct.
In any case, you can use X’s visa stamp but not X’s petition.
Hello,
I am having the H1B for employer A and after working in US for 1 month with company A, can I go for H1B transfer for company B ? Is there any minimum time period for which we need to work for company A after entering US before the H1B transfer ?
Sunny,
You can go this route. There is no minimum time that one needs to spend w/ A. Just make sure you have all the payslips for the duration you were in US.
Hi,
I have my H1B petition approved and I got the hardcopy. Now, I am working for a different client and different location. So, I have started LCA. My colleague in USA has posted in Office notice boards 3 days back.
1) Can I submit my DS160 and proceed for PA date? OR should I wait till LCA process gets completed?
2) How long LCA process takes place? Will there be any chance for delays?
Srikanth,
How can they start the LCA after H-1 approval? LCA process needs to happen prior to H-1 filing. Is there a change in work location?
Hi Saurabh,
How are you doing?
Could you please clarify on the following queries.
1. I got H1b visa from XXX company and it stamped valid till sept 2013, now YYY company is filling for my transfer. My question is YYY company needs any acceptance from XXX company for my transfer.
2. How much time it takes for H1B transfer, Can I travel when the H1B transfer in progress.
3. My spouse and kid has H4 stamped, once my H1 transfer completes then they need any additional documents?
Thanks
Ravi
RP,
1. No unless they have a company level contract w/ X
2. Usually 2-6 months. If you travel then Y’s petition will be approved w/o I-94 attached
3. Are they currently in US? If yes, then nothing needs to be done. Their extensions need to be filed when their I-94s are about to expire. If they are outside of US and will be traveling to US on H-4, then they need to carry copy of approval notice of your employer at the time of their entry (be it X or Y).
Hi Saurabh,
I got H1B on March 2012 through XXX Company it is valid till 2013 I never visited US before. Now YYY company is ready to give the offer in US. Can I go to US with XXX
YYY company told that once I reached US they will provide the petition.
But as per my understand from previous reviews I can go US with XXX company VISA and I need to show the YYY petition. But YYY employer is telling that they can provide the petition once I reached US is it correct?
I am not sure on this could you please clarify this.
Ramki
Rahul,
So YYYY is asking you to enter US on XXXX visa stamp and XXXX petition, and then YYYY will file the petition for you. This is incorrect. You can enter on X’s petition only if X is aware of it and are supporting it. Do not use X’s petition to enter w/o their consent.
If Y wants you to work for them, then they should file the petition now and once approved you can travel using Y’s petition.
Hi Saurabh,
I got my H1 transferred from Company A (in India) to company B. I had signed a bond with company A when my visa was processed. Now, do I have to obey the bond ? Because, it is really huge sum.
What should be my approach for this case? Appreciate your valuable opinion.
Thanks
Ravi
Ravi,
Lot of bonds are not valid in US. The company cannot force you to pay a lumpsum in case you leave them early as the employment is always at will. However, they can sue for damages and the court can grant them reasonable business losses. But again, they will have to show those losses. It would be better to get the contract reviewed by a labor attorney to be sure you are protected.
Hello All,
I’m currently working for Company A. Few months back my H1B was transferred to Company B and it was approved. However I havnt joined company B yet.
Now I’m planning to go to India for vacation. Can I get into US with Company A’s petition without any issues?.
Kindly advice
Ranjit,
If you are working for A and plan to work for them even after returning to US, then you can return on A’s petition.
Thank you Saurabh for your inputs.
I have one more question,
Won’t there be any questions about the petition approved for company B. How does Immigration team know with which company I’m working for
Kindly clarify.
Thanks again,
Ranjit,
A person can have multiple approved petitions and can work for either employer. They will issue I-94 on the basis of petition shown to them (in this case A). If they are not satisfied they will contact the employer whose petition you are showing and can also ask for a recent employment verification letter. This way they know who you are working for. So it’s important to use the petition of the employer you intend to work for after entering US and keep them in loop about your travel plans.
Hi Saurabh,
I got my H1b stamped from my previous Employer A. While applying for H1B, I kept my overall experience as 5 years. The H1B is expired a year ago and I have never been to US.
Now I am with Company B, wish to transfer my old H1B (cap-exempt petition).
My question is that “Do I need to carry the same experience in the new petition ? I wish to reduce one year of experience as that company is no longer available, is it possible ?”
Thanks in Advance,
Ravi
Ravi,
I would suggest keeping that year of experience even if the company has closed down. It is normal for companies to close down. USCIS generally doesn’t do background check on experience, when you already have H-1 petition approved. So it’s nice to keep all the experience as it may come in handy later.
Hi Saurabh,
I was on L1B. I got my CoS to H1B on Feb 18, 2012. I joined my new employer on H1B on mar 15th, 2012.
I have received 1 paycheck till now and will be getting next paycheck on April 11, 2012.
Now I want to move to another employer. Below are few doubts/ questions I have:
1. Can the next employer file for my H1 transfer with 1 paycheck of my current employer
and 2-3 previous paychecks of previous employer?
2. Is it mandatory that I need to have 2 paychecks from my current employer? In this case I
will need to wait for another week.
3. Is there any other thing that needs to be considered in this situation?
4. What is the ideal transfer time for premium processing of H1B transfer?
Please advise if there is anything I need to know.
Thanks.
MB,
1. You need to have paychecks for last few months, and these include both H-1 and L-1 payslips. As long as you have those, you should be fine
2. Not required. Continuous paychecks are required. At the moment, you don’t seem to have any payslip for April
3. Can’t think of any. Rest of the H-1 rules still apply
4. It can happen as quickly as few days or can take the entire 15 calendar day time.
Hi Saurabh,
Thank you so much for the help.
Yes I still have not got the April payslip. I should be getting it this weekend.
Thank you.
Hi Saurabh,
For my above questions, I have another doubt:
1. I got my L1B – H1B from A to B approved on Feb 16 and joined my new employer B on Mar 13.
2. Now that I am getting my H1B transferred to C, will there be any problem because I joined B, 3 weeks after the H1B approval? I was told by B that it is not an issue.
Please advice.
Thanks
MB,
If the gap is like 1-2 weeks then it is something that can be reasoned w/ USCIS later (like finishing project, wrapping up stuff to move to new location etc). However, 3 weeks is a gray area, and USCIS may or may not overlook it. Check w/ C’s attorney on how to handle this in case USCIS raises questions.
Hi Saurabh,
Please suggest some alternatives as to what I can say over here.
Can I still use the same reasons as it was genuinely related to project finishing and wrapping activities. Infact I started to work on the same project as a contractor after joining my new employer.
I mean after joining my new employer, I was sub-contracted to the old employer on the same project for another month.
Please help me here as this is extrememly important for me to get this new H1 transfer.
Thanks,
MB
MB,
You can mention that you were working on a critical project that needed to be completed and notice period need to be served as per company policies.
Hi Saurabh,
Now that I have the April 2012 paycheck, will that be a added advantage?
Thanks,
Mahantesh
MB,
Yes, it helps. The more time you spent before having H-1 transfer filed, lower is the probability of USCIS asking about the L-1 H-1 delay.
Hi Saurabh,
I have a couple of questions regarding H1b visa transfer. I got a H1b visa approved and stamped from company X last year(valid till 2013) and still working with company X but haven’t been to US till yet due to the unavailability of the projects, so some consulting companies in US willing to transfer my H1b but i have some doubts in below questions.
1. Is it possible to transfer the H1b visa while i am in india without going to US, if yes how difficult or easy the process is or what are the chance of approval?
2. i know i won’t be counted in the cap if the petitioner use my current I-797 but the consultant is saying if you are in india and haven’t been to US then it would be treated as fresh H1B (and it would be counted in the Cap) whether you have I-797 or not , Is it true ?
3. Now suppose the consulting company has filed the H1b transfer case, so can i travel to US on the basis of receipt as the approval would take 2-3 months to come.
Rahul
Rahul,
1. Possible. Chances of approval will depend upon new employer’s petition
2. Not true. But if they want to go through the cap again, they can do that. It’s just that you cannot start to work until Oct 1.
3. You cannot travel on new employer’s petition unless it gets approved. I would suggest against using A’s visa stamp and B’s transfer notice.
Hi Saurabh,
I am currently in US on H1B with employer A.Now I got offer from another employer B and I am planning to file H1B transfer.But due to some constraints, I want to join B only in October.So I would like to know your inputs on below points.
1) Can I do H1B transfer now, get it approved in premium and join the company B in October.Employer B is insisting to get transfer done in premium mode now.
2) Do I need to join B soon after H1B transfer is approved or I can continue with employer A.
3) Can there be any gap before joining employer B(For eg: Can I travel to India before joining B) .
Thanks & Regards
Manoj
Manoj,
1. Yes
2. Not necessary. You can join B even at a later stage
3. Yes, you can travel outside of US in b/w. However, if you continue to stay in US then there should not be a considerable gap b/w employments. For example, a one week vacation time is ok.
Thanks Saurabh for your valuable inputs. I am planning to go to India for a vaccation before joining employer B. So I would like to clarify below points .
1) Do I need original copy of employer B’s petition to reenter US if I am taking vaccation soon after my resignation from A.
2) Once my transfer to employer B is approved, if I leave US and come back in Employer A’s petition, is there anything to be done before joining employer B (for eg: do I need to go for stamping).
As always your inputs are really appreciated.
Thanks & Regards
Manoj
Manoj,
1. Yes, its better to carry original copy.
2. You can enter on A’s petition only if A is aware about it and agree to it. Do not use A’s petition to enter and work for B w/o A’s knowledge.
Hi,
I am on my OPT extension expiring in June 2013. My present employer has applied for my H1 for the fiscal year 2013 with COS. However, I want to switch to a different company willing to do the same.
Now, I don’t have my H1 approved yet, just an i797 c, acknowledging the documents received by USCIS. What are my options? As the cap has not reached, should I apply for a new one/transfer or can I resign and continue while on my OPT till things get sorted?
Thanks
Shimmy,
There is no H-1 transfer until the 1st petition gets approved. So the 2nd employer can file a brand new petition for you. You can work for the 2nd employer on OPT now and on H-1 once it gets approved.
Thanks Saurabh,
So would OPT-CAP GAP extension be valid in my case if I were to apply for H1 for FY 2014? I am trying to understand the various scenarios given the CAP is getting filled faster this year.
Shimmy,
If the H-1 petition is filed b/w April and June 2013, then you will be eligible for cap-gap allowing you to stay and work in US until Oct 1 or H-1 denial date (whichever is earlier). If the petition is filed after June 2013 but within 60 day grace period, then you will be eligible for cap-gap allowing you to stay in US (but NOT work) until Oct 1 or H-1 denial date (whichever is earlier).
Hi,
I am currently working in US on H1 visa. I have come to US in the last week of march 2012. Now i am planning to apply H4 visa for my wife who is in India . I have below question:
Please let me know if we can apply for H4 visa now ?
I have got all the pay slips from the date i have joined in my company (i.e., last week of march). Now i have 3 payslips and i have bank statment, but it is just new account with my salary amount.
Thanks for your help!
Nishchal,
Yes, H-4 visa can be applied. You are fine on the payslip front. 3 payslips should be good enough, but she may be asked for additional documents related to your employment when going for H-4 visa stamping. In other words, treat H-4 stamping as stringent as H-1 stamping.
My h1B visa was approved in Sep-2012 and then i got my passport stamped in december -2012. I have not travelled at all on that H1 B. Now my query is
1) Can i transfer my Visa to other company ,considering that i have never travelled to US from my current employer.
2) If the Visa transfer is approved for the new organization do i have to go for stamping again
3) Is it advisable at all to apply for H1 B transfer from India considering the fact that i have never travelled to US.
Suman,
1. Yes
2. Not required as long as your current visa stamp has not expired
3. I don’t see any disadvantages of applying this way
Thnx for response Saurabh
1)Will there be any problem at the port of entry in US where My passport is stamped with my previous company. and i suppose the compnay name is also mentioned some where in the Visa and i have travelled from another company after Visa transfer without new stamping.
2) If the officers ask that for “which compnay you will be working” my response should be of my new employer.
3) By any chnace they will ask that why i did not stapmed my visa from new organization.
Thnx
Suman/Saurabh,
Still we are in May 2012. You are predicting for dec 2012 or what
Rekha
It was just a typo
I am talking about year 2011 cap.
@ Saurabh need you input on
Will there be any problem at the port of entry in US where My passport is stamped with my previous company. and i suppose the compnay name is also mentioned some where in the Visa and i have travelled from another company after Visa transfer without new stamping.
2) If the officers ask that for “which compnay you will be working” my response should be of my new employer ???
3) By any chnace they will ask that why i did not stapmed my visa from new organization
Thnx
Rupesh
Suman,
1. There should not be an issue b/c of this
2. Yes
3. You can tell them that no visa stamping is required as long as it is valid, even if one changes the employer. You can ask your attorney to provide you a law reference (if that gives you more confidence).
Hi Saurabh,
I am in India Got H1b visa & it valid till Sept 2013, but there is no much scope now in my current company hence Icould not go to USA even once. If I join a new employer can I tranfer my H1b visa.
Thanking you in advance, expecting immediate reply please.
Tnx
RP
RP,
Yes, this can be done. The new employer can file cap-exempt petition for you and not go through the quota again.
Hi Saurabh,
I am working as a full time employee with Company A (who filed my H1B) but I haven’t gone for stamping yet. I got a job offer from Company B and they have finished my background check and visa transfer process (but I haven’t told about it to Company A). And I got another job offer from Company C and want to join them instead of Company B. Now, if I reject Company B’s offer and accept Company A then:
1) Is it possible for Company B to know that I rejected them because of A?
2) Is is possible to cancel transfer of my visa from Company B and do another transfer from Company C?
2) Or I can get my visa transferred from Company C as well and whichever them after rejecting Company B?
Please let me know.
Raghav,
1. They will not know unless someone tells them about it
2. You will have to inform B about it to withdraw the petition. However, the fees may not be refunded if withdrawn now. The other option is to let it proceed and then decide which employer to join – B or C.
Thanks a lot Saurabh for your reply.
So what you are saying is, even if Company B has finished the transfer process. I can still ask Company C to transfer my visa and then join Company C (instead of B)? Can visa transfer process happen twice without me joining the company who made the first transfer?
Also since transfer for Company C will happen after Company B, then will the transfer of Company C will happen from Company B or from Company A?
Please let me know.
Raghav,
Yes it can happen multiple times. I assume you are currently outside of US. So there is no requirement to have previously worked for B when going for C’s transfer.
It can happen either from A or B. You just need to show a previously approved H-1 petition which can either be A’s or B’s.
Thanks for your reply, Saurabh.
No I am in US working for Company A. Does that make any difference?
Raghav,
As long as you are working for A and have payslips to show that you are maintaining status, it should be fine.
Hi Saurabh,
I have an approved H1B petition (FY12) and I am going to appear for my visa interview in a short while. But at the time when petition was filed, it was filed for Dallas, Texas. Now my employer is sending me to Mountain View, California as the opening in previous location is no longer available. They are processing a new LCA for me and they say its just a usual process and nothing to worry, as the role and the designation remains the same. I just wanted to hear your thoughts on this. Will I face any “unanswerable” questions during the Visa Interview? Will there be any problems given the situation I am in. Kindly share your thoughts. Thanks!!
Varun,
I would suggest having H-1 amendment filed as well after LCA gets approved. I have seen enough cases recently where consulate issues 221g if H-1 amendment is not filed after the new LCA.
Saurabh,
Thanks a lot for the valuable information!! By the way, what is 221g? What does it mean to a filer if the consulate issues a 221g to him? Means Visa Rejection or some delay? Kindly clarify.
Thanks!!
Saurabh,
I informed my company’s immigration team person who is handling my papers, regarding your advise about filing for an H1-B amendment after we get the new LCA. The reply I got from him is that “H1-B amendment is required only when the roles / responsibilities have changed from previous to the new LCA. If the role / responsibility remains the same, then we can appear for the interview with the original petition”
Is that how it works, kindly advise.
Thanks!!
I would also like to mention that this is the first time that I am appearing for my HIB Visa interview.
Thanks
Varun,
Yes 221g is visa refusal where consulate puts the process on hold and does administrative processing. They can also ask you for additional documents.
Here is an article written by a prominent lawyer firm. It is up to your employer whether to file it or take the chance.
Hi Saurabh,
I am on L1B visa in the USA.Let’s say i hot my H1B petiton approved from my next employer and then i need to resign from my current company.
This year 1st OCt is monday so 28th Sep will be my last day in the current company and as per rule if i resign from my current company my L1 will go off.
So my question was how will i stay in USA for this two days(29th and 30th Sep 2012)??Does just for three days i need to go to some other country and get it stamped(since i applied in USA itself)??
If i am having a valid I-94 then no need to bother about above condition??
Thanks
Aks,
I don’t think it will be an issue as it is just for 2 days. If the person had applied from outside US, they would have been allowed to enter as early as Sep20th. Applying same analogy to your case, it should be fine. Besides it’s just 2 days and can be reasoned w/ USCIS in future (not a surety, but a good chance).
Hi Saurabh,
I have a few questions about H1B transfer, I got the H1B approval petition from company A on Oct 1st 2011, and visa stamp was done on my Passport in Jan 2012, now I am going to change the employment from company A to company B, how could I process the paperwork for H1B transfer pettiton, and when can I travel to the US as the stamp has been ready for several months?
Thanks/David
David Jiang,
The process is same as your first petition. The only addition is that you will have to submit a copy of A’s petition to show that you have been counted in the quota. Once the petition has been approved, you can travel to US on A’s stamp and B’s petition and start working for B.
Hi Saurabh,
Really appreciate your answer, by the way, as you are talking about a copy of A’s petition, is that I-797 and I-121?
Thank you very much for your time.
Regards/David
David,
I am referring to 797.
I have below queries can you please help?
I have 2 valid H1B petitions. One with Company A and another with Company B. I have my passport stamped[Valid till November, 2014] with H1B visa with petitioner as Company A.
[1] Do I need to go for another visa stamping as I did H1B transfer with Company B?
[2] At POE can I use I-797 from Company A[Though I will be working for company B after I enter] as my passport is also having visa stamping with Company A? The reason I ask this is Company A is a fortune 500 company and Company B is a consultancy. So could you please comment if I can do this and if there would be any issues?
Kiran,
1. Not required
2. You can enter on A’s petition only if A agrees to it and wants you to come to US and work for them. However, if A doesn’t have knowledge about your trip, then you should enter through B’s petition and A’s visa stamp.
Thanks Saurabh.
Yes both the offers are valid and they know about my travel plan. My concern is about the I-94 associated with it. If I enter US with I-94 card associated with Company-A and then join Company-B from day-1 will there be any issues? Is it legal? After joining company B do I need to inform USCIS to do change in I-94 to use Company-B?
Kiran,
I am not sure if it legal or not, but you can check w/ B’s attorney about it. However, the cleaner way is to enter w/ B’s petition and A’s visa stamp if you intend to work for B. You can check w/ B’s attorney about this as well.
Hi Saurabh,
My current employer filed for petition amendment as I had to work in a different location than the mentioned in the original petition. last week we got an RFE for additional documents. Before, this RFE, I got an offer from another company and H1 transfer was initiated.
My worry is, will this RFE effects my transfer ?
please let help!
Thanks
Kumar
Kumar,
As long as your I-94 is valid and you are maintaining legal H-1 status, it should be fine.
Hi Saurab,
H1B transfer got approved today, took 7 weeks to get approval.
Filing Date : 02-March-2012
Receipt Date : 05-March-2012
Filing Type : Regular H1B (Transfer)
Filed At : Vermont Service Center, EAC**
Status :Post decision activity( 23-April -2012)
you can make a new link to update status, so that you can avoid repeated questions and viewers can have idea on current status update for H1B transfer either Regular or PP.
thanks a lot for answering my queries.
now I have one query:
1> I have transferred H1B from Company A( visa was not stamped on passport) to Company B. Once I reach US can I work for company A without again transferring my visa to Company A, i.e can I have choice to work for Company A or Company B or I have to strict to company B ? I am in India now.
AK,
Once you enter US, you can work for A or B as you would have approved petitions from both employers. However, at the PoE you will have to show the petition of the employer you intend to work for and who knows about your travel plans. So if you plan to work for A from day#1, then show A’s petition, else use B’s petition.
Hi Saurabh,
I have filed H1b through consulting company and I transfered to another company but not yet traveled to US from any of them due to some family reasons.
I have my stamp in my PP from company A.
Can you please tell me is there anyway to check whether my employers A and B has revoked my H1b application.
Singh,
There is no concrete way to determine this.
Hi Saurabh
Currently I am in India. I got the H1 petition apporved in 2009 and now company X is filing the H1 petition transfer for me.
We need to go for H1 visa stamping for me and H4 for my wife and Kid. Do I need any specific document for my wife/Kid H4 stamping from Company X ?
We were in US from 2007 to 2009 on L1 and L2.
Regards
Rohit
Ridhi,
No documents required for dependents from X. As you all were in US, it will be better to carry information/proofs of previous travel dates (like immigration stamps in the passport or I-94 copies).
Hai saurabh,
I am new to H1B. I have one question. I did My master in U.S. I applied for opt extension in april 2012. I want to apply for H1B this year. If i apply for H1B in this year. This will effect my OPT extension or not. Please let me know.
Sri,
Your OPT extension will still be processed independent of your H-1 filing. However, if H-1 is approved w/ COS (change of status) from F-1 to H-1, then you will become on H-1 status from COS approval date and will no longer be on OPT.
Hi Saurabh,
I have received RFE in my H1B Extension from india. I am working in company xyz comapny. The client “C” is not direct client to xyz comany. This client is through the “abcd” comany channel. Now in the RFE it is requested that
” Provide evidence on the source of instrumentalities and tools required to perform the speciality occupation”
All the tools are provided by client “C” only. My manager said that there is no docuement on it. Is it fine that if I say – all the tools are provided by client “C” only in my RFE response ?
I have all other information requested except this one.
Thanks
Krishna
Krishna,
I don’t know how USCIS will react to the fact that all tools are provided by C and not XYZ. You need to be truthful in your response, and so let them know that they are provided by C only. What does your attorney say about this response?
No Krishna,
If you mention that the client provides the tools, then you may get a reject. Or they may approve your petition now and reject the visa during interview. I assume your XYZ company mentioned that it provides the tools and instrumentalities and not the Client, if they did mention.
Thanks
Jay
Hi,
I got the same kind of RFE in the EVC model. And we porvide the support letter with below details.
” will provide the tools and instrumentalities needed for the beneficiary to perform the duties of employment when requested by the employee or deemed necessary by the client. ”
Mine got approved.
Thank you.
Hi,
My employer in India sponsored me a H1 through I797B in 2010. It got approved. But havent travelled to US even once on that visa. I resigned from the company, got married and travelled to US on H4. If I apply for new H1B, would I be counted in the same CAP as previous H1 or should I wait for this years quota?
Ramya,
If you submit copy of old petition when filing the new one, they you will not be counted in the cap else, you will be counted in current cap.
Hi Saurabh – I am collecting documents requested as evidence for my H1 B application. The last date for submission is May 5. I may not be able to get a hold of all documents by that date. Can my attorney request for more time to submit the proof in case there is a need to? If yes, does it weaken my case?
Thanks in advance,
XYZ
XYZ,
I don’t think they provide extensions to the filing date. However, your attorney can try and see how it goes especially if you cannot arrange for documents by then.