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,
My h1b started on oct 2012.. Now on dec 13th I have applied for H1B transfer to other employer.
I am on bench from november, We have submitted only oct paystub for h1b transfer. I dont think I can get nov paystub from my employer.
My questions is :
Is it ok to file H1B transfer with one paystub? or compulsory I need to have nov one’s also ? I have already stated working to other employer from dec 17th.
What would you suggest?
Really appreciate your response.
Thanks!
Rassi,
There is a strong possibility that USCIS will ask for Nov payslip to prove that you continuously maintained status. As per law, they are required to pay you all the time. If they don’t you can complain to DOL about backwages and they will go after your employer for those wages.
Hello Saurabh,
I did a COS from L1b to H1b in Dec 2011. The employer did not provide I797 and when I switched my job to a new employer(H1b to H1b) I had to give the receipt number. Now I may have to go to India in Feb 2013 and will need to go for stamping. My question is do i need to carry the original I797 form (the one which is withheld with the employer who did the COS back in 2011) ? Have you heard of any other issues in stamping in L1B->H1B->H1B cases?
Regards,
Ankit
Ankit,
It would be ok to carry just the latest 797. As you will have to drop the I-94 when leaving US, make sure to keep a copy of the I-94 attached to 797 (in case its asked for during stamping).
Hi,
I just got my H1 approval notice a month back (changed my status from H4 to H1). My current employer is trying to place me on a job but no luck yet. How long can I remain without a pay stub on my name and would it be an issue with my H1 status if my employer is not running a pay stub on my name? Also, if I get a job thru another employer, is it possible for me to transfer my visa to the new employer w/o having any pay stubs?
Please help me with this.
-Dev
Hi Saurabh,
When you get a chance, can you please clarify me on this?
Thanks,
Dev
Dev,
As you will be completing 1 month of unemployment, you may get into trouble. The employer needs to start the payroll ASAP and any transfer done now would require H-1 payslips.
Talk to your employer about the urgency of getting paid.
Hi Saurabh,
How are you? I would like to check with you for my below scenario and see if you can help me.
I am on L-1B visa now and just moved in the US on Aug 2012, what time will it be best for me to apply Green Card, may I apply the GC after I have lived in US for 6 months? My payroll is still left behind China now as I am an international assignee, not finalized transferred to US company.
If I can apply GC, how long do I need to wait? If my L-1B is going to expired in comple of months but GC application is queued on line and not approved, may I leagally continue to stay in the US until the GC is approved and issued?
If I change from L-1B to H-1B, will it impact my GC application process?
Thanks/David
David Jiang,
The employer can file for GC as per their policies. Some companies prefer to wait for 1 year of employment, while others do it after 6 months. You cannot continue to stay on basis of pending GC. The employer needs to file for L-1 extension (along w/ I-94 extension) for you to continue to stay and work in US.
Hi Saurabh
I have a below question on H1b transfer
Is USCIS sending any notification to existing company on H1b transfer process.?
Is there any chance to know to existing company on h1b transfer request.
Tnx
RP
RP,
They don’t contact existing employer when H-1 transfer is filed.
Thanks Saurabh for your response.
Hi Saurabh,
How are you? wanted to check with you for my below scenario and see if you can help me.
I am in US for past 3 years in L1B, my company had applied for H1B extension and it got approved for one more year, now i am in H1B. I am planning for stamping in couple of months.
I am looking for new job, is it ok to switch the company in 3 months after having H1B stamped? Will this affect me later if i apply for visa extension after one year?
Can you please let me know what is the best time to switch after having H1B, is there any situation (or Time line) i need to take care of. Appreciate your help.
Thanks,
Ashok
Ashok,
Changing employers within 3 months should not be an issue. Just make sure you are maintaining legal status all the time.
Thanks Saurabh!
Hi Saurabh,
I am in the following situation :-
I came to US on 2011 on an H4 visa and a consulting company A applied for my H1B. I got my H1B approved and now I have the work permit starting October 2012.
The client for which my company A hired me had a budget cut, so my employer asked me to go for leave for 2 months till December as he believed that the market would be better starting Jan 2013. Now in the mean-time I got an offer from company B who is willing to transfer my H1B.
I have the following questions :-
1. In order to maintain the status would the leave letter serve as a proof.
2. If the H1B transfer is denied, would I be allowed to work for company A.
Thank you in anticipation.
Regards
Bratti123
Any Experts – Pls comment
Bratti123,
1. USCIS requires your paystubs for H1 transfer, as it is the only way to prove you are legally present here.
Does your employer provided paystubs ? Even on leave, you can get paystubs from him, he just have to run it or pay it in your case, as you’re on leave.
2. If it is denied, yes, your previous h1 will be still valid.
Bratti123,
Your employer cannot ask you to go on leave just to avoid paying you. He is skirting the rules. He needs to run your paycheck. Filing for H-1 transfer may result in denial b/c of absence of proof of maintaining status.
Hi Experts,
My current H1 visa is expiring on 29 Nov12.My current employer has already filed for an extension application. I have got an offer from other company for which joining date is 10 Dec 12.The new employer attorney is promising to file H1B transfer before current visa expiry of 29 Nov12 and he is telling me it is safe for me no matter what my current employer does to my pending visa extension application after i resign.(I know they will withdraw my pending extension application).I want to know from experts if this is legally safe for me to join new company with just H1B transfer filed (and not approved) before my visa expiry. Does this H1B transfer depend on approval of pending visa extension application?
AJS,
The new employer needs to file the petition prior to Nov 29, and you need to join them soon after in order for this to work. The only catch is that if the H-1 transfer is denied, then you will be shut out of both employers. USCIS will look at extension document only if the petition is filed after Nov 29 or if you are still working for old employer after Nov 29.
Hello Saurabh/Kumar/Experts,
I am working with company A.
Company B filed for My H1B and petiton was approved.
My current employer wanted me to be in US, but they were trying for L-1, I refused for L1 and they filed for my cap exempt H1 in premium processing.
By that time my H1B is stamped with company B (Prospective Employer). also I got the Approval for my cap exempt H1 petition for my current employer.
I am still in India.
Can I travel on B’s stamp and A’s approval notice?
I have never worked for B and I am working with A since last 2.5 years.
Thanks
RD
Hello Saurabh,
I am planning to go for one more VISA interview, as I have been suggested by attorneys regardng this as they told that it can create problems at immigration check.
Now questions are
1. Will they cancel my previous VISA, and revoke the petition for earlier VISA?
2. What are the chances that my new VISA is denied, this is for a product based european MNC having 40000+ employees worldwide?
Thanks
RD
Hi RD,
Please share The results as I am also in the same boat.
RD,
Usually it is ok to travel on B’s stamp and A’s petition if you intent to work for A after reaching US. However, if A’s attorney is suggesting against that, then you should follow their advice. Go for another interview through A (they will most likely cancel B’s stamp). Chances of approval are less (but not zero) when going through a large renowned employer.
Hi Saurabh,
My H1 petition extension is pending at USCIS and my I94 is already expired(on july 31-2012), but i got another offer and they want to do a H1 transfer. Can you please tell me my option?
Like what happens if my H1 extension gets RFE and what happens if i apply for a H1 transfer to the new company now
Thanks
Manik
Manik,
The new employer has to wait for your petition to get approved before filing for H-1 transfer. You need to have a valid I-94 for transfer to get approved. If they file w/o approved I-94, then it will result in RFE.
If H-1 extension meets RFE and is denied, then new employer can still file for H-1 transfer and you can start working for them after entering US on H-1 visa stamp (you need to go out of country, get H-1 visa stamped and then return assuming your current visa stamp has expired).
Kindly help as we have to decide on the new offer soon.Below is the case.
1. I am working on H1B for company A and my visa and I94 will expire on 28 Nov 2012. Company A filed extension in regular processing and currently in “initial review”
2. I got offer from Company B and they are ready to file h1b transfer and extension in premium processing.
3. But Company B is asking me to join as soon as i get the receipt number (as soon as they file transfer and extension)
My concern:
If my H1b transfer filed by Company B gets RFE and the transfer approval process gets delayed and goes beyond 28 Nov 2012,
1. Do i need to go out of country for stamping?
2. Possible that Company A might revoke my H1b extension as soon as i leave company. Is it legal to stay beyond 28 Nov 2012 based on H1b transfer filed by Company B?
Kindly help.
Saurabh,
Please help as we have to decide on new employment
Ram,
1. No, you can continue to stay in US while B’s transfer/extension is pending. If it gets denied then you have to leave US (as your I-94 would have expired by that time)
2. Yes, you can stay on the basis of B’s pending transfer but only if the transfer was filed prior to I-94 expiration date and if you have started working for B (assuming A has let you go).
Hi,
My H1B approval is in premium processing from employer A to B, however I have decided to stay back in company A for reason.
If my petition is approved for company B and I get new I 797 petition and later I wish to stay back in company A is it legal possible.
What is the complication and process I will run into and should I disclose this to my A employer …
MSD,
I assume you are referring to H-1 transfer from A to B. You can decide to stay back w/ A even after B’s petition gets approved. Actually, the H-1 is never transferred. You end up w/ 2 approved petitions (the old one from A and the new one from B) and can decide to work for either company based on the approval notice.
Please suggest if during my visa interview the Visa Officer asks me any of the following questions/any combination of the following questions:
1. Who is the founder of the company you are going to work for/ is he an Indian?
2. Who is/are the Director(s) of the comapny? are they all Indians?
3. How many employees of the company are on H1B?
4. Are all the employees Indian?
5. What is the annual turnover of the comapny?
AND, if my answer to the questions is that I am not aware of that, the DOES THAT AFFECT MY CHANCES OF GETTING A VISA ?
Regards.
AJ,
I don’t think they will question about the nationality of the founder, directors, managers etc. You are expected to know answers to some of the basic questions regarding your company (like founder, location, supervisor etc), but no one expects you to know about the directors, employees’ nationality etc. If any of these questions are asked, then answer them to the best of your knowledge. Not knowing the right answer will not result in an adverse decision.
Dear Saurabh,
I can never thank you enough for the timely reply and encouragement. I shall be travelling in next 24 hr’s time for the interview, & shall be back on 6th evening. I will certainly update you my result and post my experience for everyone’s benefit. Meanwhile I will appreciate if I can have a quick & timely reply to afew last minute queries:
1. What documents are to be shown to the VO should he/she asks for petition related documents (is it just the I-129, G-28, H classification, H1B filing fees exemption, and all my notarised certificates along with a copy of my passport or does that mean something else or something more in addition to these?)
I have followed variouswebsites/ links for this but am still not clear about it. Please suggest.
2. I have arranged all these documents & tagged/labelled them with” sticky notes”, should I leave hand over these docs to the VO with these labels on (for his/her easy identification) or should I remove those before passing the docs to the VO.
3. I will be working in-house for the company, what documents are need to prove the “Employer-Employee relationship”. I have with me (a) Letter from the company to the USCIS (for petition filing) stating very clearly that only the Company has the” right to hire & fire” and it also describes my job duties/responsibilities, my educational background etc; (b) I also have the employment agreement & (c) I have the current offer letter too from the company.
I have done online search for this too but still am unsure whether I need to have any document proving the Employer-Employee relationship. Please suggest ASAP.
I am sure you will yet again provide timely advice. Thanking you in anticipation.
Regards.
AJ,
1. In addition to the mentioned documents, carry copy of the LCA and the letter your employer submitted to USCIS as part of the petition filing
2. Usually they ask for specific documents like I-129, LCA, client letter. So its better to hand them just the document they have asked for. If they ask for multiple documents together, then only hand them just those documents together.
3. You will have to show how your employer will exert control over your tasks and activities. You will have to tell them how often you will be meeting your supervisor to provide status updates and get assigned new tasks.
Good luck!
Thank you very much once again Mr Saurabh.
Your help is sincerely appreciated. I shall update about the outcome on my return (on 7th). Keeping my fingers crossed.
Hi
I have a question on my H1 transfer. I got H1 from company A in Sept 2008 and traveled and stayed in US for 14 months. I came back to India in Sept 2010. Then changed to company B.
Visa and petition got expired in Aug 2011.
Now another company C is interested to transfer my old visa. Is it possible to get transfer now?
Thanks
Hi,
You can transfer you h1b. But you will have to go for visa stamping.
Here, your new company will file New h1b petition by showing your old employer petition. In this case, you are not falling under cap.
And then you will go for stamping and travel with the visa.
So.. This is not exactly a transfer but a new h1b petition. Only advantage is you are not subjected to cap and you can travel immediately after the stamping is done (When you get h1b first time, you can travel only in October).
Hope i answered your question.
Thanks John. Just to confirm I have 1 more doubt
Does it matter since I have stayed out of US for more than 2 years and petition got expired more than 1 year back?
If premium processing is done, then how long will it take to get visa stamped?
Thanks,
Nataraj
That will not be an issue. Once if you get the petition approved, you will not be under cap for next 6 years or so.
There will not be any issue even if you go for premium processing. Only problem could be with your client letter, contract etc. Anyway these documents will be taken care by your company.
Ok…thanks John.
Hi All,
I need help regarding h1b transfer. I have a h1b stamping valid until Aug 2014. Stamping is valid from jan 2012 to Aug 2014. I have never used this H1b and i never traveled to USA on any non imigrant visa. I do not have SSN also. ( I did travel to USA on B1 for 2 months).
Now i got the employer, Can i transfer my h1b from the new employer without SSN?
I mean, my new employer will apply for new h1b petition and once that is approved, can i travel with the approved notice and with my existing valid visa to USA.?
Here there are two questions.
1) Without SSN, can we have the new H1b Petition filed?
2) and can i travel to usa with this approval notice and with the previous employer stamping. ( I mean without going for another stamping).
I hope i made my questions clear. Please help me with this scenarios.
Thank you.
Yes . The new employer should be able to file your H1b Transfer
You should be able to transfer with your existing Visa stamping
nandu
Hi Saurabhh,
I got my H1 B transfer done recently to a different employer. My New Visa came from Oct 20, 2012 to Oct 19, 2013. Visa with my current employer got expired on Oct 4th 2012 and my visa extension is in progress currently. Since I do not have any status for 15 days which is in between 4th October and 20th October 2012. Please let me know if this is an issue and how it can be corrected. Will there be chances of any problems if I go back to India for stamping with the new employer.
Regards,
Rahul
Rahul,
Your current employer I-94 expired on Oct 4th, but the extension was filed prior to Oct 4th and you continued working for them during this period, correct? If yes, then you are fine as the H-1/I-94 extension was timely filed. As the other petition has been approved, you can either decide to continue working for old employer or join the new one.
Does that clarify?
Thanks Saurabh. You mentioned it right that extension was filled prior to Oct 4th and it was non premium and decision has not come yet. Now I want to join the new employer for which transfer is approved on Oct 20th. Please let me know if there will be any issues here as there are 15 days of gap.
Regards,
Rahul
Rahul,
You were fine based on your timely filed H-1 extension petition. Even though it was pending, as long as it was timely filed, a person is allowed to stay up to 240 days beyond I-94 expiration date. I assume you got paid from the old employer during that period.
I got your point Saurabh. But what will happen when I go back to India for Stamping. My old petition with current employer has already got expired on 4th Oct.
Now since I am leaving my current organization, the I797 which will come after the extension wont be shared by my current employer as it might take 3-4 months for my extension approval to come and before that I will join new employer. Hence I wont have any proof to show my visa status between 4th Oct to 20th Oct. Can you please let me know how to take care of this scenario?
Rahul,
The proof would be the H-1 extension that was timely filed. You can carry a copy of 797C showing that extension was timely filed prior to I-94 expiration date.
What will happen once Rahul joins company B after OCT 20 on approved petition from Employer B and Current employer revoke visa extension(as it is not yet approved).Will that create a problem?
I am in similar situation as Rahul and i am 100% sure that my current employer will revoke my visa extension on my last working day with them.
Please help.
Ajay,
Rahul already has approved petition with new employer. So if the previous extension is revoked by old employer, it will not impact his new approved petition. He can continue to work for new employer in this case.
Hello Saurabh/All,
I got my H1B approval via employer A, but now my current employer wants me to be in US, earlier they were telling L1 but now they are ready for cap-exempt H1B petition.
To join any of both above employer I need to resign from my home country, and join.
If it is not exactly H1-transfer than can I join any of these employer even after my cap exempt H1 is filed.
Thanks
RD
RD,
Yes. There is nothing like H-1 transfer. What actually happens is that new employer files a cap-exempt petition for you using the old petition as reference to show that you have already made through the cap. Once approved, you will have two approved petitions from 2 employers, and you can decide to join either of them. People loosely call this H-1 transfer, but the petition is really not transferred.
Yes Saurabh,
That clarifies my doubt. So if I have approved petition for 3-4 employers than I can switch between them without any problems (obviously they should not have problems 🙂 )
Also does the cap exempt petition has new valid dates, like my current petition shows approval from 10/01/2012 to 30/09/2015.
Thanks & best regards
RD,
Yes, you can join either of them as long as they have not revoked their petition for you, and are still willing to hire you. Each petition will have its own validity dates (which can vary from petition to petition) and that particular petition can be used to work only during those validity period.
Dear Saurabh,
I am soon going for my Visa Interview (H1B). But I am very apprehensive about my employer as for past one year He has cheated me a lot by providing me:
1. False LCA
2. Fake/someone else’s I-797 receipt notice number
3. Fake project report (an old project of some other company on his own company’s letter head.
4. He has also charged 12,000 US Dollars through his company’s India office.
I would like you to advice me the best approach to lodge a complaint as I have three options available:
1. Go for interview & if something goes wrong then tell/ give all the evidence to the visa officer.
2. Go for the interview & if visa granted then go to US join the company and look for another willing employer & apply for for transfer then Lodge a complaint with the USCIS there in US itself.
3. Forget about the interview and try and lodge a complaint to the USCIS from India itself.
I am a bit keen to go for the interview and procced according to option 1 or to depending on the interview outcome as I have waited & suffered all along for more than an year. Please suggest soon.
Regards.
AJ,
If you travel to US through this employer, there is a possibility that they can put more hurdles in your path. Why not do H-1 transfer while in India and go to US through the new employer. You can also go for stamping through the new employer.
As for filing complaint, you can contact USCIS about it, but I am not sure how much they would look into it as you are currently outside US. So you can file the complaint and meanwhile look for better H-1 opportunities.
I am here on H1 from company A. After working for about 1 year for that company ‘A’, I got an offer from company ‘B’ and Company ‘B’ has filed my H1 transfer through normal processing (filed I129 Petition three and half months ago). But due to some reasons, I had to stay back with company ‘A’ itself and did not join company ‘B’. But the I129 petition filed by company ‘B” is still under process now.
Now, I’m looking for other Opportunities and one offer is almost finalized from company ‘C’ and they are about file my H1 transfer. Will there be any problems if I apply for h1 transfer from company ‘C’ while transfer petition from company ‘B’ is still under process? Please advise. Thanks in advance.
Regards,
Priya
Priya,
It should be ok as you long as you maintain your legal H-1 status by getting paid through A (or B in case you decide to join them on basis of transfer receipt).
Thanks a lot Saurabh for your prompt response. Appreciate it..
Hi Saurabh,
I am from India and currently working in canada on a work permit. I also have H1 visa valid till next april. I have not travelled to US yet. I would like to know few things
1) Is it possible to go through consultancy for applying to another company in US?
2) Would that be applied as a cap exempt application or a fresh H1-B?
3) If i get my work permit, should i go back to India to get my visa stamped for the new work permit or it can be done in canada? What are the chances of getting through?
Thanks in Advance.
karthick,
1. Yes
2. Cap-exempt petition
3. I think you can appear for stamping in CA as you are currently residing there. However, you should check w/ US consulate there to be sure about it
Thanks Saurabh.
Just enquired with some ppl here and they say that i dont need to go for another stamping as i hold a valid visa. Can you please tell if i need to get a new stamping for a new employer or will the old stamping hold gold?
Thanks
Karthick
karthick,
That is correct. If you have an unexpired visa stamp in the passport, then you can use it for travel purpose for another employer w/ whom you have new petition.
Hi,
Could you please clarify on below query
I am working for consultancy company and my H1B has been filed for Client A. Now I got RFE to produce client letter, But I am working for new client B now. So is it possible to consider the client as B for the same petition. If so what is the process for the same.
Nag,
In this case, the employer will have to file new LCA for B’s location and then submit the new LCA along w/ B’s details. They should also submit a letter explaining the change (A’s project got closed etc). Your attorney would be able to frame the response.
If you submit B’s details w/o new LCA, then there would be a mismatch from original documents and can cause an issue.
Thanks for details Saurabh… You guys rock asusual…
Hello Kumar/Saurabh/Anil/Experts,
I have one urgent query.
I had applied for my H1 via some employer X, and petiton is approved for FY2013.
But I am yet to hear about the approval notice and VISA docs from employer X.
Now my present employer wants me to transfer to US, I am asking attorneys to go for the H1 transfer, but my employer says they have a policy that they will transfer only on L1 and if that is denied than they will go for H1B transfer.
Now my queries.
1. Can the employer X withdraw the petition?
2. If yes, than will I still remain cap exemt for fiscal year H1 quota (even I am working on L1 and H1 petiton is already withdrawn by company X)?
3. If we do not use this current approved H1B petition, than for how much time I will come under cap-exempt H1B criterion, even without stamping.
This is really URGENT. Help me ASAP, as I need to make a decision.
Thanks
Rakesh Dhakar
RD,
1. Yes, they can at their will
2. Yes, you will still be considered as cap-exempt. Its best to have a copy of the approval notice w/ yourself. If not, at least have the receipt number along w/ printout of online status showing approval.
3. You can use the current petition in next 6 years.
Thank you Saurabh,
1. Can USCIS revoke petiton, as my current employer will use L1B, and H1 is not yet stamped? And I will not be travelling even a single time on H1.
As per my prospective employer approval notice is in transit from US to India.
Thanks
RD
RD,
USCIS will not revoke the petition unless the employer X asks them to do so. If X does nothing w/ the petition, then it will remain dormant and you can use it in future.
Hi Saurabh,
If X revokes the petition, can we still get H1b transferred in next six years through another employer?
Ajith,
That is correct.
I mean if X revokes the petition before we get it transferred.
Hi Anil/Saurabh,
Thanks for your help and guidance in past months, finally I arrived in the US with a L1B visa, and meantime, the H1B petition is still valid as it was just issued Sep 2011.
Now I have few questions, with the L1B visa, may I apply the Green Card from now on? If possible, how long do I need to wait in the queue. If I just activate the H1B thru another employer in the US, can I apply GC from H1B base?
Thanks a lot!
David
Hi David,
Good to hear from you.
Regarding GC, you can apply for GC when you are in L1 or H1. The Major advantage for applying GC when you are on L1 is , you skip the first stage (labor cerfication – LC), as L1 are considered as top-priority workers. This way your GC processing would be faster as you skip the first stage verification (a year or a year and half you saved ! )
If you applied GC on L1, then you used H1 to switch , then you broke your GC, again you have to file GC when you are on H1. And H1 has the labor certification (LC) stage.
People come to US and after 6 months (as min) initiate the GC, so you can apply for GC once you been here for 6 months onwards.
Good Luck.
Shoot in if you have queries,
Thanks,
Anil
Hi,
I have a question on H1B transfer.
Currently am working with Company A and have visa stamping valid till Sep 2014.
Am planning to get H1B transferred to Company B.
After moving to Company B,If I go to India in 2013,should I go for visa stamping or is my visa with the previous employer still valid while returning to US.
Your reply is greatly appreciated.
Regards,
Kumar
Kumar,
It is not mandatory to go for visa stamping. However, based on your employer policies they may ask you to go for stamping so that the visa stamp mentions their name.
Its fine to enter with previous employer’s visa, I did the same yesterday and came without any issue.
I was in US with H1b visa for 2 months ( Apr & May 2012) and came back to India, Now I have got an offer in a new US company. Can the new co. file my transfer petition? as i understant recent pay stubs are mandotory and in my case i was in US for only 2 months and have paystubs for those months only and returned to India. Now it is almost 4 months i am in India.
Will my H1b petition still transffered to new company?
Do i need to go for fresh staping while i have the current stamping active until 2014?
Thanks for all solution and great job you folks doing.
Hi Deepak,
There is not problem at all when you are outside the U.S. The pay stubs are used to prove that you didn’t go out of status (not your case since you left the country). I am not sure about the stamping but I would do it, since you are in India!
Hi Saurabh,
I am on H4 currently but applied for H1B under tjis year quota.Now,I got an offer from a company and they want me to join in October 1st week.Can i put premium processing now ,start working and submit my H1B approval copy at the end of the month?I am very scared now and confused on what should be done.Please help me.
Hi
I have accepted a offer from a company(A) and they have recently filed my visa transfer in regular mode.I would like to know how long does it ususally take for visa transfer in US in regular mode?
If the company A says its not possible to upgrade to Premium mode is it safe to join the company after getting the Receipt number?
Please let me know i need to decide if i have to go for it or not.
Regards
Sneha
In Regular Processing Mode it takes 2-6 Month of time . Again depends on the CIS processing center where you have submitted your H1B transfer Application . I have Submitted my H1B transfer Around 4 Months Back still it’s in Initial Review Stage.
But you can join New Employer with H1B Transfer Receipt,don’t need to wait till its get approved . You are legally Allowed to join with Receipt …..
Are there chances of it being rejected?
Rejection Chances are very less .At least I have not hear from anyone that H1B Transfer got Rejected .Again it May be depends on your employers how big they are ….
it’s your take whether to join or not …..
Hi
I am from India and currently working in canada on a work permit. I also have H1 visa valid till next april. I have not travelled to US yet. I would like to know few things
1) Is it possible to go through consultancy for applying to another company in US?
2) Would that be applied as a cap exempt application or a fresh H1-B?
3) If i get my work permit, should i go back to India to get my visa stamped for the new work permit or it can be done in canada? What are the chances of getting through?
Thanks in Advance.
Hi
Can you please update on this? It would be of great help.Thankss
I have a question with H1B transfer. I am in the US on a H4 and have now applied for H1B through Company A. I am waiting for the approval and have in the meanwhile found that my company has no clients. I contacted company B and they said I should contact them as soon as my approval comes through and they should be able to start the H1B transfer. If I do so I wont have any pay stubs to produce from company A when company B applies for my H1B transfer- will that be a problem? I need to know this as I desperately want to work I am trying to contact other companies.
In my opinion it shouldn’t be a problem. They pay stubs are used to prove that you never went out of status (such as on H1B but unpaid or laid off). As long as you can prove that you were always on status while in the U.S. it shouldn’t be an issue. In my situation, I will be transfering an H1B that hasn’t started yet (I was supposed to start with this company on October 1st). Currently, I am on a different H1B (cap exempt) so I have always maintained regular status.
For H1B transfer you last 2-3 pay stubs would be Mandatory Documents .
I hope this clarifies (from Murthy.com):
People often want to leave their H1B employers when they are being unlawfully benched or otherwise not paid under the requirements of the H1B labor condition application (LCA). They worry about whether they can transfer the H1B if they are not being paid.
Again, there is no concept of a transfer, as such. If there are no recent pay stubs, it may not be possible to establish that the individual has been maintaining valid H1B status. Thus, it may not be possible to obtain an H1B extension of status within the United States.
This, however, does not prevent one from obtaining an H1B petition approval through a new employer and regaining valid legal H1B status by traveling abroad and reentering on a new I-94 card. (It is recommended that one discuss this matter with a knowledgeable lawyer, as it is sometimes possible to overcome this problem.) The new I-94 card would be issued at the port of entry (POE).
A new H1B visa stamp would need to be acquired for the passport, if the prior H1B visa stamp is expired.
If you have new job offer with new employer, their Immigration attorney should be able to help you with this scenario.
If you accept job offer from Employer C, Employer B is going to be pissed for the the time and money they spent on your H1B application and attorney fees.
Thanks a lot Ryan!! It seems like I should be fine going with another employer. Since my my paperwork to prove legal status in US is in good shape ( valid I-94, H4 visa stamp, and H1B approval whenever it is issued) it seems like it should be OK – right?
That’s my opinion too. As long as you can prove that you did not spend even a day out of status you should be fine! And even if you weren’t, you just need to leave the country and come back with a new I-94.
Hi Team,
I recently got an offer from a company and they filled for my H1B transfer in premium with USCIS on 27 Aug. I got RFE on Sept 6th. New company has not responded to RFE till date and they are planning to reply by coming week. My current I94 is expiring on 4th Oct and visa extension is already filled with USCIS in non premium. Please let me know if there is any issues if my H1 transfer gets approved after 4th Oct? Is it alright if I resign after 4th Oct and join new organization?
Regards
Hi All,
Please provide update on my question.
Regards,
Rahul
Hi Saurabh,
Can you please look in to my case as mentioned above.
Regards,
Rahhul
Hi,
I m in US on H1b Visa, for company A..now I have got job offer from co B and they are ready to file for H1 Transfer. But before the petition is filed I have resigned from my previous co A and the manager there hasn’t taken it well. I have my recent paystub of 15-Sep and the Co. B will file the petition somewhere around next week.
Can my manager of Co A create some problem for me now? If yes, what?
Can I still take some precaution and be safe?
If the co B files premium transfer request, would I be safer?
Plz I m really worried, a prompt response will be of great help.
MadGo, I have your same problem. I am currently on H1B cap exempt, in June a company filed for me a H1B and I made through the cap but I haven’t started with them yet (I was supposed to start on Oct 1st). Now I am about to start with a different company. What happens if the company that filed in June revokes the (already approved) application? Would I have to be counted again toward the cap?
Thanks,
Ryan
I have been working on L1 since 5 years. This year I got my H1B approved and it is valid till Sep 28, 2013. My lawyer says she has already filed my status of change which will be applicable from oct 1, 2012.
1) How many days I have to change my status from L1 to H1? Do i immediately have to be on new Emplyers payroll from october 1 who is holding my H1?
2) Can I transfer my H1 to some other employer instead of joining this employer who filed H1 for me? Or Do i need to be on his paystubs for sometime before I change my employer?
3) As i understand, in order to get my next extension for H1, I will have to start my GC processing otherwise I will not be able to get any extension for H1 since I am already completing 6 years next year. I wanted to know how much time before the expiry of H1 do I need to start this processing of Green Card so that I cna get EAD or next H1 extension?
Thanks so much for your time and effort in answering our queries.
Deepak
Hi Saurabh,
I have a question on H1B transfer.
Currently am working with Company A and have visa stamping valid till March 2014.
Am planning to get H1B transferred to Company B.
After moving to Company B,If I go to India in 2013,should I go for visa stamping or is my visa with the previous employer still valid while returning to US.
Your reply is greatly appreciated.
Regards,
Naveen.
You do not need stamping for your new company if your visa with previous employer has a future date, I myself was in this situation and entered US yesterday. I cleared the immigration as normal with I94 date of new petition.
Saurabh,
Its really impressive to see you helping thousands of people with their dreams of US. Kudos!!
I have applied for H1B for this year and waiting for my petition approval. My query is – After the petition gets approved and before i appear the interview for stamping, would it be possible to transfer/ use the approved h1 petition to some other company? or should i get it stamped before applying for a transfer?
Vishal,
Yes, another company can file cap-exempt petition for you (aka H-1 transfer) prior to stamping. You can then appear for stamping through old or new employer depending upon who you want to work for in the long run.
Hi Saurabh/Anil
Thanks for your previous reply which helped me in deciding my next course of action. As a quick recap what my last query was :
“I am working in EVC model, say for company B. As per your suggestion my current employer is not satisfying E-E relationship, hence my visa or visa stamping may land up in some trouble. Its is better for me to search a proper EC model job”
Now I revisit the same issue with added complexities. I was with employer A till April’12 and there petition is valid till Dec’12. I hold a stamped visa and valid I-94 tillDec’12. In May’12, I joined employer B on the basis of H1b receipt. Now this is a EVC model job and is actually not conforming to E-E relationship required by USCIS. The petition for B was filed in normal category and it is still under the process of getting transferred, even after 4 months. As per your suggestion I found an employer C, with job in EC model. As per them they follow EE relationship guideline given by USCIS. They filed for H1 transfer in premium category and used my last three months pay stubs from employer B. And even used the receipt number for H1 currently under process of transfer. But yesterday I got an RFE for petition filed by C with query asking documents to support that I am maintaining proper status as I don’t have approved petition for employer B.
Now my questions are as follows :
1) Am I not maintaining my status? I have all the pay stubs till date. My I-94 is still valid and my petition of employer A is yet not withdrawn and petition for employer B is pending with USCIS.
2) Can not employer B prove that I am maintaining my status as I have all the documents and pay slips except for approved I-797 for employer B.
3) Or I would have to wait for getting petition for B approved? Or still I can switch.
4) What if I get RFE in case of petition filed by employer B. And I make my mind to go for employer D? Will still USCIS come up with questions.
5) Is there anything to do with number of days the current petition is pending with USCIS. I guess I read it somewhere that if it is more than 120 days then in that case you can search for new employer without any issues.
Please help me here as I have to take a quick decision here and the offer with employer C is really good one and I don’t want to loose it.
Thanks in advance.
-NKC
NKC,
1. You are maintaining status as a person is allowed to join the new employer once the transfer petition has been filed w/ USCIS (this is H-1 portability)
2. C needs to show that you are maintaining status by again submitting the payslips and 797C of the transfer petition. Your attorney should also frame a response for this and quote the exact portability rule (maybe the USCIS officer overlooked it)
3. IMO, you can still switch. Does C have an attorney?
4. They can still ask for clarification as the case would get complicated
5. It can remain pending for months. Your attorney/employer should follow-up and upgrade to PP in case the wait becomes unbearable.
What was C’s attorney response?
Hi Saurabh
Thanks for your detailed reply. My petition was in PP only. The attorneys replied to RFE and whatever they did matched your suggestion. I can praise your knowledge which is at par with Immigration attorneys and I won’t be surprised if you are one. Well there was one more glitch, I joined Employer B a day prior to actual received date of petition at USCIS. As such technically speaking I was out off status for 1 day :).
Well I got the reply on 26th Sep and it is APPROVED!! and it is approved for 3 years. I am happy that it worked out.
Thanks Saurabh for all the support you are extending.
-NKC
Hello Saurabh,
I am currently located in San Jose USA and having H1B Visa.
I have a plan to travel to India next year in the month of APRIL/May.
Below are my Visa details
Employee name Sanjay Nath Jha
Employee Number 237733
My existing/Current H1B is valid along with Stamping 29-Sep-2012
My Visa extension approved till 30-AUG-2013
So, In APRIL/MAY next year, my Visa extension process will be in transition.
Queries
a) Can I travel to India during that time without any risk or legal issues?
b) If yes, are there any process/steps that I need to follow to travel to India during that time so that there are no risk or Immigration legal issues?
Thanks and regards,
Sanjay Nath Jha
Sanjay,
If you leave US while extension is in process, then it will still be processed but no new I-94 will be issued. You will have to rely on I-94 you would receive when returning to US, which in turn would depend upon the petition you would show at PoE.
You can also file for extension after returning to US.
Hi Saurabh,
you mean to say that:
1) My current extended Visa till 30-Aug-2013 will still hold good.
2) I will have go for re-stamping as my current stamping in passport is only till 29-Sep-2012. In this , will there be an issue as only 3 months will be left for my current I-94 period which is till 30-Aug-2013.
3) While returning , my default I-94 will be till 30-Aug-2013. So, will they extend the I-94 at port of entry based on new extention dates in the new petition.
4) Will they do it even though the petition is still in process and not approved.
Thanks,
sanjay nath Jha
Sanjay,
1. Yes
2. Yes, you will have to go for stamping. You will get new visa stamp based on newly approved petition i.e. till 30-Aug-2013.
3. Yes (the old I-94 needs to be returned at the airport when you leave US)
4. Didn’t you mention that your petition is already approved till 30-Aug-2013. Then why will it be in process?
I came us through company A and changed my job recently ,my H1B transfer is in progress I did joined company with H1B transfer receipt. Now My Question is can I move to anotther job in this situation ?
Soumya,
Yes, as long as you have been maintaining legal status i.e. get regularly paid.
Thanks Saurabh, for your valuable answer ,I really appreciate .
One more situation is could occur is , My current H1B(Which is in initial review state) goes into Rfe and I join my new Organization on based on the new Receipt then would it be a problem ??? Or all the bridge H1B transfer has to get approve to apply /approval for a new H1B Transfer??
Soumya,
I am not sure about the right answer. What you can do is upgrade your 2nd H-1 transfer to PP so that it can be processed quickly and not be dependent on 1st H-1 transfer. An attorney would be able to provide you a more accurate response.
While I am in India I got my new employment and my visa got transfered and i have a new I797 do i need to go for a fresh stamping while i have ole stamping still active until 2014
MSD,
IMO, you don’t need another visa stamp until the previous one is valid. But you can check w/ your attorney as well.
Hi
I am currently working with company A and have a H1-B extension approved till 2015.I have come to india on vacation and gone for stamping.Currently i got 221g in my stamping interview with some clarification requesting on my job position and the wage level quoted by employer(no administrative process or anything marked in the 221g sheet).Am currently in india waiting for response and passport from consulate.
Can i now at this stage transfer my h-1 to another employer?is it legally valid?
Also if i initiate my transfer and in mean while if the 221g gets cleared would it still be ok?
Currently i dont have my passport with me.. please suggest me the best option? I do have an offer with other company… is it valid or good decision to intitate a transfer?
Please suggest me
Regards
Sneha
Sneha,
Q1) Yes, it is possible to do that (new receipt number followed by new stamping)
Q2) Yes, again this is also possible, If you get cleared 221g and the transfer is happened, believe 221g happens first, then you have visa stamped for 221g employer, later transfer happens it will break your visa status, so you have to go for visa stamping for that employer. As always the latest petition must have mapped to the corresponding petitioner in the visa stamp.
Or, you initiate the transfer, transfer is completed (i.e., in PP), then 221g gets cleared, then 221g is no longer in use, as this was for previous employer (transfer) not the latest one, so for the latest one, you have to go for visa stamping.
Issuance of 221g for previous employer doesn’t matter here, as the petition is not tied to that employer now.
Q3) Unfortunately, this question is tricky, as 221g doesn’t have time rules to be followed by consulate. It is consulate decision to approve or reject. Usually, best by 15 days worst by 1-2 months – decision time.
Just keep the offered employer to hold for a week or two. Decide after 221g or after 15 days. hope it gets resolved by that time. Follow up with consulate every 7 or 10 days once.
HTH,
Anil
Hi
I am currently working with company A and have a H1-B extension approved till 2015.I have come to india on vacation and gone for stamping.Currently i got 221g in my stamping interview with some clarification requesting on my job position and the wage level quoted by employer(no administrative process or anything marked in the 221g sheet).Am currently in india waiting for response and passport from consulate.
Can i now at this stage tranfer my h-1 to another employer?is it legally valid?
Also if i initiate my transfer and in mean while if the 221g gets cleared would it still be ok?
Currently i dont have my passport with me.. please suggest me the best option? I do have an offer with other company… is it valid or good decision to intitate a transfer?
Please suggest me
Regards
Sneha
Hi,
My H1 B is expiring on Oct 2012. My company A will file for my extension in non premium\ in next few days. I got offer from company B. They are filling for my transfer in 2-3 days in premium process. Please suggest me if I should go ahead with H1 Transfer. Is this process got some issues?
gyanesh,
You can go ahead with H1 transfer, since the extension will be filed in non-premium, it takes time for that to get approved (best by 2 months approx. time). If you have done transfer in PP, then it will get decided by 15 calendar days, leading to the extension invalid later.
Thanks Anil
Hi Team,
My H1 Transfer docs were received by USCIS 10 days back but the employer who filled the application has no update on the receipt number and case status. Please let me know how much time is taken by CIS to generate the receipt number and update back to the employer. Can approval come with out the receipt number also?
Regards,
Gyanesh
Gyanesh,
If it was filed under normal processing then it can take up to 30 days for employer to receive the receipt number.
Hi Sourabh,
Thank you very much for your article, Appreciate ur wonderful work..
I am working with Company “A” on H1 for around 1 year. Now I have a better offer with Company “B” and wants to X’fer…But Company “B” says they will file my petition in regular mode,which generally these days taking 5 -6 months time. They are asking me to shift to their(Company B’s payroll) once the EAC # comes.
My thinking is– Its better/safe to till the I-797 petition approval decision comes, which will be around 5 months & then shift to Company B’s payroll as in case if the approval decision is on Company B’s is No. & wanted to avoid going back to previous employer ,Company A).
Please advise when is the right time to shift to Company B, in this H1B-H1B Transfer.
Su,
People switch company after H1B receipt acknowledge, when the H1B transfer is filed in Premium processing, so the approval comes in 15 calendar days (mostly it comes within a week). This gives you ample time to give 2 week notice to your current employer (company A).
Don’t switch company based on LCA or DOL acknowledge number. Reputed Companies wont file H1 transfer in regular, as they know it takes 2 – 6 months, so every company file in PP for transfers.
Talk to your Company B, sometimes PP charges are incurred by employee, this is fine with USCIS. If they are ok with that, you can upgrade it to premium at any time, paid by you anytime u want it.
Thank You Anil,
I have a H1B vias valid until 2014 currently i am with a company “A” and spent 3 months in US and established status now i am back to India, While i was in US i was offered a job by company “B” with ensuring all transfer formalities. Due time constraint i was not able to proceed on my visa transfer.
Q 1- Being in India can company B in US apply for my visa transfer
Q 2 – Will i need to go through visa stamping again if my transfer get approved while my stamping is active until 2014
Q3 – Will my company A get know this transfer attempt i am doing?
Q4 – What else should be mindful?
Kindly clarify thes doubts for me
MSD,
1) Yes, called as H1B overseas transfer (aka H1B international transfer), you have to go for visa stamping (company B) with approved petition.
2) Yes.
3) Nope, never, unless you inform them.
4)Do it in premium processing to make it quick.
Hi Anil, Saurabh,
Here I am (on behalf of my cousin) with another scenario – My cousin had his H1 with employer A and had been in the US till 2009. He applied for his H1 extension and went back to India while it was still in process. In India, he quit his job and joined employer B and worked till mid 2010, thereafter joining employer C till date. Now, his spouse got a US assignment and came to the US on her H1. My cousin had to come along with her on an H4 (on an extended leave). Now, his employer identified an assignment for him and is ready to transfer his H1 (with employer A). However, they are not sure what’s the current status of his petition. Questions are –
1. What happens to an H1 (or H1-X) once an employee resigns. Is it cancelled? Can’t it be used for transfer?
2. Upon calling the USCIS regarding status of the case, they said that the case had a comment on it that only the employer or attorney can inquire about this. What does this mean? Does employer C has rights to know about the status? Is there any risk for them to initiate a H1 transfer without knowing the current status?
Really appreciate your endless help that you provide regarding these immigration queries.
Awaiting your response..
thanks,
RP
RP,
1) It wont be cancelled unless the employer initiates a request for revocation with USCIS. Even a revoked petition can be used for H1 transfer. All USCIS needs is a soft copy of an existing petition for H1 transfer.
2) You can check the status through USCIS H1B status check website. Only the petitioner/attorney can inquire about its status via phone or email, employees or other employers are not encouraged to get inquires answered.
Evey H1 (either new or transfer or extension) have unique case number. Use the website to get the status (https://egov.uscis.gov/cris/Dashboard.do)
HTH,
Anil
Thanks for your reply.
1. As per my knowledge, the Status update on the USCIS website is done manually, hence, there can be a chance that the status is out of sync. I however dont know how genuine this information is. Any idea on this?
2. The Status on the USCIS Website shows “Initial Review”. The description is provided under:
“On March 4, 2009, we transferred this I129 PETITION FOR A NONIMMIGRANT WORKER to another office for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.”
Based on the above status, do you see any issue in initiating an H1 transfer?
Thanks
RP
RP,
The employer should file a cap-exempt petition and use the old petition as proof to show that he is eligible for cap-exempt. Old payslips and W2 will also be required. This can be applied along w/ COS. Once approved, he can start working on H-1.
Saurabh,
Thanks for all the wonderful work you have been doing. Everyone’s blessings are with you for the amazing work.
I have a question too.
I have been in an EVC model after I finished my Masters. My H1 with E started from Oct 2011. Now my ‘C’ offered me a full time job. Even though it is the ‘C’ company, its a different team altogether. Co-incidently my current contract with the first team is ending tomorrow and I got the FT offer from the 2nd team today in the same C company.
BUT, I cannot join ‘C’ as a full time employee until USCIS sends us an acknolowledgement (receipt) which takes roughly about 5-6 weeks. But since my current contract with the other team has ended, my current ‘E’ wants me to go to another state, on the other side of the country for another client project. They dont know about my full time offer yet. So I have 5-6 weeks of buffer time between my current contract ending date and my FT start date. I want to avoid going for the other client project for theze 5-6 weeks because its a lot of expenditure . But there is no way I can avoid unless I tell them that I have a FT offer. Is there anyway I can inform my employer that I got a FT, run the risk of them firing me immediately and wait for 5 weeks without violating my status? Is there a grace period? or is it valid since a new petition from a diff company is being prepared?
I’d appreciate a quick reply because I may have to leave within a week. I am running out of options to avoid moving only to come back after 5-6 weeks(assuming my h1 petition with the new company is approved)
Niks2481,
I am sorry for the late response, and you may have already taken some action by now. If C would have filed cap-exempt petition for you, then legally you are allowed to work for C once the petition is received by USCIS. In other words, you don’t need to wait for phyical 797C notice and can start even earlier.
Hi Sourabh,
Appreciate the work you doing here. I might have a situation regarding H1b transfer.
My current scenario.
Working on OPT under EVC model. I also have a approved H1b petition which starts 10/1/2012. But due to some personal reason I may go back to India within next 3-4 weeks (before october 1st). So my question is, would I be able to use this approved H1b petition any time in future to join my current employer or initiate a transfer (under cap exempt) to different employer? Any help would be appreciated. Thanks,
KJ,
Yes, you can do that. To return and work on H-1, you will have to get H-1 visa stamped in your home country. You can get this through current employer or a new one (after getting another cap-exempt petition aka H-1 transfer approved).
Saurabh,
My H1 B expired on Sep 2010. I changed my employer and my current H1B is valid until 2015. My wife and son’s visas are valid upto Sep 2013.
My wife and son left to india for vacation on Apr 2012. I am travelling to India on Aug end and should go for stamping. I planned to go with my family for stamping so that they can have same visa and I94.
When I am filling the DS156 form for visa application, I specified their home address as US address only. Is it fine or should I specify the Indian address? Or does it matter anyways?
Thanks In Advance
JK
Saurabh,
It seems my wife and son come in Visa renewal category. They still have a valid visa and applying in the same category H4.
So Is it be possible that I only attend the Interview and submit all the documents for them?
I am still not able to decide whether i can take my family to stamping or not.
Thanks
JK
JK,
Yes, they come under visa renewal category. I don’t know the exact process for this, but they can submit their documents at VFS center and the consulate will process their visas accordingly. You can appear for your visa. Check w/ VFS site about exact process for them.
Home address is usually your India’s address. If you have not scheduled the appointment date, then I suggest completing a new form. Otherwise take the old form and let the VFS person know about the error. BTW, it is DS-160 form that one needs to complete now and not DS-156.
Thanks Saurabh.
I completed DS160 only. By mistake I told it was DS 156.
In WIPRO guidelines, Home address should be US address if you are travelling from US to India for vacation. Thats why I specified my US address as Home address.
Courier addresses are Indian addresses only,
I sent a mail to VFS about the Visa renewal category, they sent me the static page
https://www.vfs-usa.co.in/USIndia/pdf/FinalStaticWebPage.pdf
When I reach India, I plan to attend the interview as soon as possible within 2/3 days. So I want to make sure if I need to take them or not before I appear for Interview.
Thanks
JK
Saurabh,
I went for stamping along with my wife and son. It went on smooth and I got the Visas stamped.
Thanks
JK
HI,
I have a question on H1-B transfer. I am working with company A and they filed for my H1 Extension in April 2012 and is under processing. My H1/I-94 expired in June 2012.
Now i have another offer from a company B and they are filing H1B transfer in premium. In the meantime, i have got an RFE on the Company A’s H1 extension request.
Question is
1) Will the RFE in company A extension request be a problem for the H1B transfer filed by company B in premium ?
2) Do i have to reply to company A’s RFE or can i just ignore it if the company B’s H1B transfer gets approved?
3) Will there be a problem with the gap between my I-94 expiration (June 2012) to the new start date with company B (August 2012) if the transfer is approved, since there was an RFE and i had no valid I-94 for the July 2012 peroid ?
Thanks for your help in advance.
GS,
1. If B’s transfer was filed after your I-94 expired, then it can be an issue. USCIS would want A’s petition to be approved first before approving B’s petition. This is for bridging.
2. You need to get it resolved
3. This period would get covered if A’s petition gets approved. That is why it is important for A’s petition to get approved.
Hi,
I have a question .
My L1B is expired although my I-94 is valid till 2014.We had applied the L1B visa extension and here is my question: In case if my Extension got rejected then what shall i do.
can i again apply for L1B visa after rejection or do i need to wait for some time before applying.
I know i can stay on I-94 but the problem is i want to travel to india that i the reason i need visa.
Aks,
The employer can apply for L-1 extension again as soon as they take care of the rejection reasons. There is no official cooling period.
Thanks Saurabh for response.
I guess u were not active here for some time.Without your involvement in this website it was not useful.
Appreciated your effort in making this website alive again.
Hi Anil/Saurabh
I have a valid WP and visa till next year filed by company A . I have not yet traveled to US. I am going to canada on another project . Is it possible to apply for an H1-B transfer to another company while i am in canada? Can the H1-B transfer for this fiscal year be considered as an cap-exempt application?
Thanks In Advance.
Karthik,
Yes, you can do the transfer and it comes under cap-exempt.
Anil
Hi Anil
Thanks for your response. I have few other doubts regarding the same
1) Can i go on a tourist visa to attend the interviews in US? Will my H1-B visa be cancelled once i get a tourist visa?
2) If my H1-B visa gets cancelled, should i apply for a new visa from India or is it possible to apply one from canada?
Please clarify my doubts. TIA.
1) You wont be granted tourist visa at first place since you hold WP.
Don’t take risks in this way.
2) Its possible to apply anywhere either from india or canada. USCIS accounts it in only two ways, whether within US (CoS they call) or outside US.
Karthik,
In addition to what Anil said, if you use an existing tourist visa to travel to US and attend interviews, that would be considered as a misuse of B-1 visa.