H1B Transfer Helps Change Jobs for the H1B Visa Holders

The H1B transfer is a process of converting H1B visa of an individual from the current employer to a new sponsor. The transfer is generally not counted in the quota of H1B, as the applicant has been already considered in this category in the past 6-years. Such transfers are unlimited and the applicant need not wait till the transfer is approved. Also H1B transfers could be filed any time.

To qualify for this rule, the H1-B holder must meet certain criteria as follows -

• The individual should be legally admitted into the US


• On lawful admission, the individual should not be employed without approval from the concerned authorities before filing such petition


• On behalf of the individual, the employer should have filed a petition for a new employment much before the expiry date of the stay period sanctioned by the Attorney General.

The Documents Required for the Transfer Procedure

• Copy of the existing H1B approval


• Copy of the diploma/degree certificates


• Copy of the existing valid visa


• Latest resume


• Copies of your passport, social security card and I-94 records


• Latest (3 months) pay stubs

Time Taken to Complete the Procedure

Once the application for H1B visa transfer is submitted to the USCIS, the processing takes about 4 to 8 weeks. However, in certain cases it could take a longer time. Location of employment, the office location of the USCIS and their present processing time are some of factors that determine the completion -procedure.

Multiple H1B Filings

Multiple filings of H1B transfers have their own set of complications. They can create a lot of confusion while tracking the individual’s status. Many of the H1B employees presume that in case there are 2 cases pending, then it will be problematic to get the transfer to the right employer. However, this is not true. In case of unbroken chain status the transfer is issued with I-94 attached to the H1B consent notice. It is always better to seek legal advice in order to decide how to coordinate with these matters.

Pay Stubs

Generally, people leave the employers whenever they are not paid according to the labor condition application or they are unlawfully benched. The worry here is whether they can go ahead with the H1B transfer when they are not paid. In case there are no latest pay stubs, it is not possible to ascertain that the person has been maintaining an applicable H1B status.

In such cases, it might not be liable to get an extension of status in the US. However, it does not mean that one cannot obtain an approval of H1B petition through the new employer and regain legal status of H1B by traveling overseas and reenter the country on a fresh I-94 card.

The new I-94 will be issued at POE (Port of Entry). Also, a new visa stamp (H1B) is essential for the passport, in case the old one is expired.

What Happens If the Individual with H1B is staying Abroad?

An individual with H1B may never have entered United States for some reason. So, he/she wouldn’t have worked for that particular employer, who had filed for the visa. In some instances, one might have entered the U.S at some point as an employee with H1B, but then left the country to live abroad. In such cases, the individuals might want their H1-B visa to be transferred from the organization where they are not working or never worked.

If one is staying overseas, the new company should file for a fresh H1B petition. Generally, there is no paystub issue related with the petition for an individual living abroad.

H1B transfer is the right strategy to follow, if an individual is presently on H1B visa, but prefers to transfer the status to another employer. Individuals may opt for regular or premium H1B transfer processing.