H1B Visa Transfer - how to transfer a current H1B visa to a new job / employer
Current H1B visa holders can transfer their visa 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). The applicant does NOT have to wait until the Transfer is issued.
H1B transfers are Unlimited and are NOT counted towards the regular H1B quota (cap). * 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 has rules that enable 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.
Under the H1B portability rules of the American Competitiveness in the 21st Century Act (AC21), an H1B visa holder may transfer to start work (a new H1B job) with a new employer, provided that the new US employer follows the procedures to file an H1B transfer visa application on behalf of the worker.
Transfers allow 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 H1B visa petition and labor certification.
During the H1B transfer procedure, the following documents may be required: · 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.
How long does the H1B transfer procedure take ?
Once an H1B visa transfer application is submitted with the USCIS for processing, the procedure (processing) normally takes 4-8weeks, but in some cases it can take more time. The time varies for each petition depending upon the location of employment, and where the appropriate USCIS visa processing office is located, and what their current processing times are.
H1B Transfer Jobs
H1B Jobs with Companies that Transfer H1B visas
If you're currently on an H1B visa and want / need a job with a different employer that will transfer your visa so that you can work for them - Start Here
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 from the USCIS.
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 start work for the new employer company.
3) Does the regular H1B Quota (Cap) affect the H1B transfer process?
No, the H1B transfer is a separate process, and it has nothing to do with H1B quota. It is a transfer of your existing H1B approval to a new company and is not a ‘new’ H1B (only new or first-time H1B visa applications are counted towards the regular annual quota).
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.
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.
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.
7) Can I apply for an H1B transfer through more than one company at the same time? Yes. you can apply for multiple H1B transfers and the procedure is the same for each.
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.)