H1B Transfer
An H1B Worker who holds an H1B visa status can transfer to a new H-1B Employer. The H1 Worker may have not been subject to unlawful presence in the United States for h1 visa transfer.
We use the Term "H1B Transfer" for Convenience. The H-1B visa transfer is only a change of your H-1B visa to a new Employer. In most cases, you may not need to go for H1 Visa stamping at a US Consulate. To summarize, an alien in H1B visa Status can change his/her Employer through H-1B visa transfer. To perform the Transfer the H-1B visa status, your new employer will have to file a New H1 Visa Petition with the USCIS regarding the conditions of the employment of the H1B visa holder.
How do I qualify for an H-1B visa transfer?
"H1 visa transfer filing is same as the process for filing a new H1B visa petition"
I am holding H1B Visa Status, Can I Change Jobs and Transfer my H1 visa Status?
Of Course, Yes. We will file a New I-129 Petition with the USCIS for H1 Transfer.
What about my Present Employer? Do you think my Present Employer will get information on Change of my Jobs and the H1B Visa Transfer?
Your New Employment and H1 Transfer is Confidential and USCIS or DOL will not send updates to previous Employers. We suggest not to discuss this matter with your Team Members or Friends, who may in-turn notify your Employer.
Do I need a No objection from your Previous Employer during H1 Transfer Process to a New Employer?
Absolutely Not!
What happens to my H4 Dependants?
If the H4 visas are valid, you do not have to file a new H4 Extension. They maintain status as long as you manitain status. If your dependant H4 Visas are not valid for a long Term and your new Employer is filing a H1B transfer for upto 3 Years (if applicable), We also initiate an H4 Extension using form I-539 Extend or Change Non-Immigrant Status.
I heard there are limitations on H1 transfer, How many times I can perform an H1B Transfer?
There are no limitations. You can change Employers as many times and obtain H1B Transfers.
What about my H1 visa stamp on my Passport from my previous employer? I heard that I need a new H1 visa stamping on my passport for the New H1B visa.
You do not need a new H1B Stamping; if your existing H1 visa Stamping on your Passpost is valid. You can begin working with us upon receiving a Receipt Notice from the USCIS for the H1B Visa Transfer Petition under H1B Portability Laws. However, if your H1B Visa Stamp has expired, you can still work with the new Employer and be in H1B Status, if you plan to travel outside the United States, you must get a new H1B visa stamped in your passport at a US Consulate abroad or your Home Country.
How many pay stubs are required from the previous employer for the H1 Transfer?
We need about 3 pay stubs. If you do not have Paystubs, we may need a proof of your relationship with your previous Employer. H1B Transfer is possible even if you dont have Pay stubs.
I have an H1B Approval starting October 1, can I still go for an h1b transfer?
Yes, it is possible to file for an H1b transfer before October without pay stubs from the first employer. We will need a copy of the H1B Approval Notice, I-797
My H1B is pending with another Employer, can I still go for an H1 Visa Transfer?
Yes, absolutely. You should have pay stubs. We can file for a new H1B Petition and use the pending H1B as a "Bridge" Petition. We will need a copy of the I-179 Receipt Notice.
How long does it take for H1B Transfer?
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Monday, September 3, 2012
H1B Transfer
H1B Transfer Various FAQs
NOT A LEGAL ADVICE, USE OF INFORMATION AT YOUR OWN RISK.
Q: I'm planning H1 transfer to a new company. My last pay stub is from March 2010 (since then, I have been on leave, partly for medical reasons). My employment has not been terminated. Visa is valid until 2012. Can I do safely transfer to a new company ?
Can I use pay stubs from March and/or medical reasons (statement from the company with doctors note) to explain my status? I traveled abroad recently for 2 weeks and just got back. Now I'm fine and ready to change the company.
A: Yes, why not. That's perfectly legal. You may go on Vacation, Leave without being paid. As long as you maintain a relationship with your Employer by sending a written request and your employer approves the same.
Q: Who has to pay h1b related fees? employer or employee? Can employee pay this fees in this recession to get the job?
A: Employer always pays the Fee.
Q: My H1b visa got stamped in July 2008.But i came to US in May 2010. My spouse attended for H4 visa stamping in Hyd consulate in mid of August 2010. VO after going thru all the documents ,said that your husband I797 status is in revoked state.They took her passport and asked her to mail the latest I797 as you might have missed that document.Once we receive the document we will send your passport in a week days time. When i contacted my employer ,i came to know that my I797 got revoked automatically in April 2009 and they have sent a mail to USCIS that they haven't revoke my I797 and they receive one more I797 in september 2009. So we have sent the latest I797 date september 2009 to consulate mail id. They called my wife and said that still the status of I797 is showing revoke.
Send us the update one.i have updated the same to my employer .They contacted the immigration department and they said that they are working on it and will get back in 3 working days. It was almost more than 2weeks.
A: If the H1B is revoked, they can never get back to you in 3 days. This Employer may have revoked your H1B in error. USCIS performs an administration revocation if any fraud is involved. You must move your H1B ASAP.
Q: I have been issued a 221g Green form at New Delhi Consulate. This is my first visa stamping experience. He ticked on all the check boxes.End client letter, internal project description, submit client letter, wage reports, w2 forms, notarized list of employees.My employer has told me not worry and said they will give me all the required documents. I want to know if my employer gives me the required documents and we submit them in 8-10 days. How much time on an average does it takes for the US Consulate to process the case at their end? My visa stamping is already delayed I was supposed to get it done last year(recession.... _. Now this additional delay is happening. Please advice and share your experiences with me.
A: Usually it takes 1-6 Months
Q: I have a question regarding H1B Visa transfer. I came to US in 2007 to pursue a Masters degree from a very reputed university on a F-1 visa.
In 2008 a company gave me an offer to do an internship during summer of 2008. I submitted this offer letter to the Office of International Education and got the CPT authorization. For some reasons this company told me they were having difficult times with the bad economy and therefore will not be able to continue with the internship.They didn't send any letter regarding this to the university. Therefore I just stayed at home during summer of 2008 and didn't do anything. In fall of 2008 I got a fulltime offer from Another company B thru which I got my H1B visa sponsored in 2009. I am right now on H1B and have visited india couple of times after that with last month being the latest. I have secured an offer from another company C which is a big online retailer and they are in process of Transferring my H1B. Is there a way there can be any complications to my visa transfer due to the CPT issue?
A: CPT is Optional, no issues with H1B Extensions. I am sure you maintained your F1 Status, your CPT employment may be unpaid too.
Q: My H-1B document I-797A was approved by the California USCIS centre on August 09, 2010, about 5 days before the expiry of my driver's licence. When I took the documents to the DMV office, they did not renew my licence and said that the information is not showing up in their records. Today it is 21 days without the licence. I have contacted several people, but still don't know what exactly they want. Did anyone had similar experience and what did you do?
A: Go to the local USCIS office and ask for a Letter to DMV. Make sure you carry all documents and explain the officer about the problem.
Q: I am holding an H1B visa with my current Employer. My H1-B visa stamp expires on May 25th 2011. My I-797, H1-B is valid through September 30th 2011 and the I-94 card. At the moment, I would like to move to CA to find new H1B Employer and get an H1-B Transfer. If I transfer employment to employer after MAy 25th 2011 and before September 30th 2011, will this be an h1-b transfer or is it a new h1-B or apply for h1b extension?
The validity of your H1 is determined by the I-797 approval notice and the I-94 that came with it. If the H1B Approval notice states that the visa expiry date is 30th September 2011, that means that you can work for your current employer until that date.
Q: I was on H1B visa in my old company until June 30, 2010 (I-94 expired June 30, 2010). I got a new job and I applied for new H1B with intented employment start date as July 1, 2010 . The USCIS received my H1B premium processing application on June 24, 2010. I got I-797 finally on July 7, 2010 instead of July 1, 2010. I started working from July 7, 2010.
My questions are :
1. Am I allowed to stay in USA legally from July 1 till July 6, 2010 ?
2. Am I allowed to work under portability from July 1, 2010 till July 6, 2010
A: 1.Yes, as you had a case pending - This is called 'Status provided by the Attorney General"
2. You may not. Portability applies only when you have a valid I-94 and you move to a new Employer. The bridge petition allows you to work.
Q: I have been on H1B since Dec 2003. So this is my seventh year on H1B based on a I-140 approval petitioned by my current employer.But my employment is in danger now. If I switch employers now, what does the new company have to do to transfer my H1B? How does it affect the green card process?
A: You may switch H1B with the I-140. However, ask new Employer to file a new PERM labor, and Port I-140.
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