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H1B Visa Transfer - how to change employers once you have an H1B visa
Current H1B visa holders can change and start work for a new employer as soon as an H1B transfer petition is 'submitted' to the USCIS by the new employer (sponsor company).
H1B transfers are Unlimited and NOT counted towards the annual cap (quota).
* this means H1B transfers can be filed at any time of the year.
* this means H1B transfers can be filed at any time of the year.
The H1B transfer bill approved in the senate and House (bill S.2045) now enables valid H1B visa holders to change jobs upon the filing of a new petition by the new employer as long as the individual is in lawful status at the time of filing and has not engaged in any unauthorized employment since his or her last lawful admission.
Allows individuals who have filed for adjustment of status and whose cases have been pending for 180 days or more to change jobs or employers without affecting the validity of the I-140 or underlying labor certification, as long as the new job is in the same or a similar occupational classification to the job in the original petition and labor cert.
You might be asked to submit the following documents:
· Up to 3 months latest pay stubs.
· Copy of your existing H1B approval.
· Passport copies.
· Copies of I-94 records.
· Copy of Social Security Card.
· Latest Resume.
· Copy of existing valid visa.
· Copy of all your Diploma/Degrees.
· Up to 3 months latest pay stubs.
· Copy of your existing H1B approval.
· Passport copies.
· Copies of I-94 records.
· Copy of Social Security Card.
· Latest Resume.
· Copy of existing valid visa.
· Copy of all your Diploma/Degrees.
Once your H1B transfer is submitted with the USCIS, it normally a few weeks, or in some case a little more time. The time varies depending upon the location of employment and the processing office.
H1B Transfer FAQ's
1) I am currently on an H1B visa through Company 'A'. I am considering another offer from company 'B'. Do I need a new H1B visa? When can I start working for company B? No, you do not need a new H1B visa, the existing one will be transferred.
According to a recently passed H1B bill you can now start working for company 'B', upon the receipt of you H1B transfer case.
1) I am currently on an H1B visa through Company 'A'. I am considering another offer from company 'B'. Do I need a new H1B visa? When can I start working for company B? No, you do not need a new H1B visa, the existing one will be transferred.
According to a recently passed H1B bill you can now start working for company 'B', upon the receipt of you H1B transfer case.
2) Upon approval of H1B transfer, is there any time limit to join the new company?
Once your H1B transfer is approved, there is no joining time limit. It is totally up to you, when you want to report to work for the new Company.
Once your H1B transfer is approved, there is no joining time limit. It is totally up to you, when you want to report to work for the new Company.
3) Does the H1B Cap affect the H1B transfer process?
No, the H1B transfer is a separate process, and it has nothing to do with H1B cap. It is a transfer of your existing H1B approval to a new company and is not a ‘new’ H1B.
No, the H1B transfer is a separate process, and it has nothing to do with H1B cap. It is a transfer of your existing H1B approval to a new company and is not a ‘new’ H1B.
4) I just got my approval notice for my H1B transfer. It doesn't have a new I-94. What should I do?
An I-94 is issued when you enter the USA, which contains a specific expiry date. It can only be issued if the existing I-94 has expired. In case of H1B transfer, it is possible that your I-94 is still valid. Hence, you won't be issued another.
An I-94 is issued when you enter the USA, which contains a specific expiry date. It can only be issued if the existing I-94 has expired. In case of H1B transfer, it is possible that your I-94 is still valid. Hence, you won't be issued another.
5) Do you need to inform your present employer about your Visa Transfer? Is there any way that my current employer can come to know about my H1B transfer?
No. its not required to inform your current employer, and neither do they need to know about the transfer.
No. its not required to inform your current employer, and neither do they need to know about the transfer.
6) Is there any limit for the number of times I transfer my H1B visa?
No. There is no such limit, you can apply for as many H1B transfers as you want.
No. There is no such limit, you can apply for as many H1B transfers as you want.
7) Can I apply for an H1B transfer through more than one company at the same time?
Yes!
Yes!
8) What if a person holding a H1B for Company 'A', applies for an H1B transfer through Company 'B', and once the transfer is approved, he changes his mind and doesn't join this company 'B'. Can he continue to work for his original company 'A'?
Yes !. (A person can have multiple H1B's, but can work for only one company at a time.)
Yes !. (A person can have multiple H1B's, but can work for only one company at a time.)
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