Procedures Involved in H1-B Transfer

H1 visa transfer usually happens due to job change. If an individual is presently working on an H-1B visa for an employer, or was employed in the past, and now the same person joins another company/employer, then the employer of that company is liable to file a fresh H-1B transfer petition for that employee. There are many people, which include immigration attorneys, name this process as H1 transfer or H-1B transfer. It’s very important for people to understand that there isn’t any concept of transferring a visa – practically, there’s nothing to transfer from the past employer to the present employer, except for the employee. In this case, the people employed don’t have to literally transfer anything to the present (new) employer.

Therefore, when a person speaks about H-1B transfer, it actually refers to a fresh H-1B petition, to be done all over again, without any restriction of H-1B cap to be followed.

Whenever a new petition is filed by any new employer, it is generally a request for H-1B status extension. Because nothing is to be transferred in the true sense of the term, neither the present employer nor the individual employee needs to obtain permission from the past employer for filing a fresh H-1B petition.

Documents Needed for H-1B Transfer

In order to apply for a new H1 Visa petition with a new employer, an individual has to submit all the following documents of H-1B applicant:

• 2 or 3 most recent pay stubs of the employee/applicant (Not needed if the already existing H-1B visa has not been used and transfer is applied from any other country, not USA)


• A copy of  recent H1-B approval notice, Form I-797


• Copy of all pages of passport, including blank pages, valid for the entire period of stay in America


• Form I-94 photocopy. Do NOT send original. In case of individuals who send original form by mistake, and need it back, can file a form G-884 with USCIS. The G-884 form is NOT available online. You must request it via mail


• Copy of recent visa stamp (not necessarily unexpired)


• Latest resume/CV/bio-data of applicant


• Copy of the Social Security Card


• All previous approval notifications


• Copy of educational degrees, diplomas, mark sheets and transcripts


• W-2 and tax returns (where applicable)


• If an individual is a physical therapist/occupation list, he/she has to provide a copy of state license along with visa screening certificate

H-4 Documents Needed for Spouse and/or Minor Child

• Copy of passport and copy of visa stamp


• Copy of I-94 card, both front and back


• Copy of marriage certificate for H4 spouse


• Copy of birth certificate of the child for H4 child

Additional Details

• Once the new employer applied for H-1B transfer, the employee can start working for his new employer up on the receipt of notice.


• If an individual worked for an employer, and he has a pending H-1 petition for another employer, but he wants to work for a third employer, it is also possible. However, in this case, the third employer has to file a fresh H-1B petition for the employee within the time that he is in status.


• If an individual is unpaid or was on bench with the previous employer, it’s still possible for the new employer to file for an H-1B petition, even without latest pay stubs. As transfer is not applicable here, it’s possible that the fresh petition might get approved. Nonetheless, if applied without pay stubs, and the previous H-1B status was not maintained, it is likely that the individual may not get an H-1B extension of the status within USA. Instead, USCIS may ask the individual to go back to his home country and apply once again to reenter the country on a new Form I-94.  In case if the visa stamp has expired, you have to obtain the visa stamp from the consulate before entering USA again.


• If an individual has an approved H-1B petition from his employer, but he never worked in USA because he never entered the country, it’s still possible for his new employer to file a fresh H-1B petition with new pay stubs. In that case, the candidate cannot be subjected to H-1B cap.