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?
- Your must be in lawful status at the time of filing the petition for visa transfer.
- You have not engaged in any unauthorized employment since your last lawful admission.
"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?
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?
- Normal Processing - 1 Month to 4 Months
- Premium Processing – 15 to 30 Calender Days