H1B Transfer FAQ

 

1. How do I apply for an H1-B Transfer?

Before working for a new employer, the USCIS must approve a submitted 1-129 form. This form would be filed by the new employer on your behalf. They will also send in the labor condition application and an Employment Eligibility Verification form (I-9). This must be done before the current H1-B visa has expired.

2. Are there any other documents that must be submitted to the USCIS in order to transfer?

Yes. You will need to send to the USCIS a copy of the Notice of Action (I-797 form), a copy of the Arrival/Departure Record (I-94 form) a copy of your passport, copy of your current H1-B visa, copy of your social security card, copy of degrees and diplomas you have earned, a copy of the employment offer letter, and two to three recent pay stubs.

3. How long can a H1-B Transfer take to get approved by the USCIS?

It may take anywhere from three to eight weeks. Be prepared to file in enough time before the current visa expires. The new employer can request it to be expedited to receive it within three weeks.

4. I was given an approval for my transfer, but I was given a better offer at my current job if I stayed. Can I decide not to transfer?

Yes. You are not obligated to transfer.

5. Can I transfer to another employer before arriving to the United States?

Yes. You will need a copy of the 1797 or your receipt number to show prior approval of the H1-B so that you won’t be subjected to the cap given to H1-B visas.

6. My H1-B expired while I was still waiting for an approval on the transfer. What happens now?

You might get approved or denied, but you are on a period of stay authorized by the attorney general. Since you are already in the process to get the transfer, you are just waiting for the approval. You are legally on hold until immigration makes their decision.

7. Is there a time frame when I can start working for the new employer once I got approved for my transfer?

No. You can start working right away as there is no time frame that requires you to wait.

8. I would like to apply for another transfer even though I have already had two transfers. Is there a limit to how many times I can apply for a transfer?

No. It’s up to you how many times you want to apply for another transfer as each one takes time and documentation.

9. My H1-B visa has not expired, but I had to go back home for a while. Can I return to the United States and continue to use the same visa with another employer?

No. You have to file for a transfer, but you will still be eligible to use the remaining amount of time left on your visa. If you reapply all together you will have another opportunity to have a fresh six years with the new company.

Learn More About H1B Transfers and How We Can Help

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