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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.
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.
Once an H1B visa transfer application is submitted with the USCIS for processing, the procedure (processing) normally takes 4-8 weeks, 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.
Is H1B transfer possible while staying in India?
Yes H1-B VISA Transfer Possible while staying in India , But Candidate must hold Approved H1-B VISA and Any US employer can Transfer H1-B in CAP Exempt.
What are the H1B transfer denial rates?
Its all depends on the Case to case.
Why H1B transfers are getting rejected of late?
If the documentation of H1-B Transfer application is not met the H1-B Transfer Regulations it will be rejected.
Can I take a 2 week break between my H1B transfer (after the H1B transfer has been approved)?
Yes, Can take break for 2 weeks between the project / H1-B Transfer with new employer.
Does premium processing applicable for H1B transfers?
US Employer can Sponsor H1-B Visa transfer in Premium Processing.
What is the fee for premium processing for H1B transfers ?
Its $1440, Employer has to pay $1440 extra in Order to process Transfer Application in Premium Process.
Should I initiate an H1B transfer while my current H1B transfer is still pending?
Yes, N Number of H1-B transfer can Initiate H1-b Transfer from N number of employers while current H1B transfer is pending.
Why do many companies sponsor an H1B transfer, but fewer companies prefer sponsoring a fresh H1B?
Sponsoring H1-B transfer is quiet easier than Sponsoring Fresh H1-B for employers.
Can I start working for Company C after H1B transfer being approved while my current employer's H1B transfer is pending?
Yes, You can start working with Employer C Once approved while your current employer's H1B transfer is pending.
Can we travel during H1B transfer?
Yes you can travel but H1-B transfer will approve with out I-94 , if you have valid Visa you can travel on same visa with latest I797 Copy or you have to attend a in person visa interview at one of the consulate in home country.
Could I be refused for an H1b transfer?
Yes, There are several reasons for Refused for an H1-B transfer if your documentation is not met the regulations it will be refused and other reasons too.
What is the max gap between H1B transfers?
If you are unemployed and living in united states, and max time is 60 days of time from date of unemployment for submitting the transfer application from new employer to continue to stay in united states.
How soon can I join with new client after H1-B transfer Initiation?
You can start working on receipt notice of H1-B Visa transfer with new client, but now a days lot of people prefer to join new client up on approval to avoid visa issues.
If there is still a chance that the H1B transfer application can fail, why is it legally permitted to join the new company after the H1B transfer receipt has been received?
Yes there are some cases that H1-B Transfers denied once joined with new client on receipt notice, as per the law consultant can start working with new client on receipt notice or consultant can also join new client after H1-b Transfer approved.
Can I join previous employer after H1b transfer?
Yes you can join with previous employer after H1-b transfer done if your previous employer H1-B application is still valid or not withdrawn.
Is there a time limit for H1B transfer?
All H1-B transfer cases are cap exempt cases, you have to hold H1-b visa with approval end date has to be with in last six years and you can transfer that petition to any new employer who are willing to sponsor.
Do I need to go for stamping after h1b Transfer?
Yes H1-b transfer application approved in consular process you have to get stamping to start working with new client.
Are companies still doing H1B transfers and waiting for approval for the candidates to join?
Yes Some of the IT Consulting companies are doing H1B transfers and waiting for approval for the candidates to join and also its all depends up on the client how soon client looking for the consultant to onboard.
Will H1B transfer affect my VISA Application?
Your H1-B Transfer will not affect your visa application, since you have to get stamped on new H1-B transferred visa on Passport.
H1B transferred from company A to company B and it got denied, how long I can stay in US? Shall I try an H1B transfer to company C? Will it work?
If H1-B Transfer denied from company A to company B you have to leave the country ASAP , If the time frame is less than 60 days of the transfer you can transfer H1-b with company as continuity of Stay if not you can initiate H1-b transfer from company C in worst case scenario it will approve in consular process with out I-94 then you have to leave the country and get H1-B visa stamped on passport.
Can 2 companies hold my H1B transfer visa at the same time?
Yes, 2 companies can hold your H1B transfer visa at the same time.
Can someone start working soon after H1B transfer?
Yes consultants can start working on receipt notice / Approval of H1-b Transfer.
Can I get an H1B transfer post stamping without having travelled to the US at least once on the current visa?
Yes but it varies from case to case.
Can I change my employer and transfer an existing H1B visa outside USA without falling under the H1B cap?
Yes you can change employer and transfer an existing H1B visa outside USA without falling under the H1B cap quota.
How long H1B transfer receipt will receive to start working with new company in regular process?
In regular process H1B transfer receipt will receive with in 5 to 7 business days to start working with new company and it also vary from the work load at that particular service center.
Can I do H1B transfer after 6 years?
No You cant transfer your H1-b visa after 6 years from the validity end date on the current H1-B Approval Notice.
What is the impact of government shutdown on H1B transfers/extensions?
Since USCIS is Self-funded department from the fees on the received applications, but not sure what type of Government Shut down Impacts the process.
What is the timeframe to receive the H1B transfer hard copy receipt notice from USCIS?
5 to 7 Business days.
Has anyone used the 60 days grace period after termination and got an H1B transfer with new employer without leaving the USA in those 60 days grace period?
Yes, Lot of consultants used grace period of 60 days after employment termination and transferred to new employer successfully with out leaving united states.
What happens if my H1B transfer gets rejected? Do I need to leave the USA immediately?
If your Transfer get rejected, you have to leave the USA immediately.
How long does it take for H1B transfer receipt number to be generated?
In premium Process it will take 24 to 48 hours, in regular process 5 to 7 business days.
What is the current processing time for an H1B transfer under premium processing in the California center?
Please check the below link.
What is the total cost to the employer and the employee in case of a H1B transfer ? Is it same as filing a new H1B visa?
The total cost of H1-b Transfer has to bear by employer only and cost as below.
The cost of H1-B depends on the size of the sponsor company
If company has less than 25 employees USCIS Fee will be $1710 ( 750+500+460). If Company has more than 25 employees USCIS Fee will be $2460 ( 1500+500+460).
If company is more than 50 employees and more than half of the employees are on H1-B USCIS Fee will be $6460 ( 4000+1500+500+460).
Other than USCIS Fee there will be attorney fee ranges from $1000 to $3000.
If employer are willing to sponsor in premium process $ 1440 has to pay extra.
Total cost = USCIS Fee + Attorney Fee + Premium Fee.
I am working under H1B visa. Can I file H1B transfer while an H1B amendment is in progress?
Yes you can apply H1b transfer with new employer.
Can I go back to my old employer (if H1B is not withdrawn) without filing H1B transfer?
Yes you can if H1B is not withdrawn and same position is still available if not has to apply Amendment for new position.
How are companies dealing with H1B transfer as premium processing is suspended?
Companies are applying H1-B transfers in regular processing and asking consultants to join on the receipt notice.
Can I work for the next company right after I get my H1B (i.e. doing a H1B transfer). If so, how long does it take for the transfer?
Yes you can work and the entire process will take 4-6 weeks in premium and in regular time frame there is no time frame usually 4 to 6 months based on work load at particular service center.
Can I apply for an H1b transfer with a new employer if my previous H1b transfer application with my previous employer is still pending with an RFE?
Yes you can apply.
If an H1B amendment is filed and a decision is pending, can we file an H1B transfer? Will there be a consequence of the H1B transfer?
Yes you can file Transfer with new employer and there is no consequence on the H1B transfer.
Can I delay the start date of employment on an H1b transfer?
You can always request the new employer who are sponsoring H1-B transfer.
Can I have my H1B transfer without stamping?
Yes you can if your H1-B transfer was approved in continuity of stay with I-94 number, then there is no need of stamping immediately.
Can outstanding felony warrant have any adverse impact on H1B transfer?
Its all depends on the case to case.
Do I need to go for visa stamping after an H1B transfer?
If your H1-B transfer was approved in continuity of stay with I-94 number, then there is no need of stamping immediately.
Can holder have his H1b transfer from home country?
Yes in cap exempt from home country.
How can I look out for potential employers who can sponsor me H1B transfer while I am in India?
You can just keep on checking on different job portals in usa.
Is an H1B transfer possible, while other H1B transfer application are processing?
How much time is the H1B transfer taking these days, any self-experience?
The entire H1-b transfer process will take 4-6 weeks in premium and in regular time frame there is no time frame usually 4 to 6 months based on work load at particular service center.
Can one do H1B transfer while H4 EAD application in process?
Yes if they have previously approved H1-b Visa , one can apply H1-B Transfer from H4 status as Change of Status.
Why does an H1B transfer take so long? Isn't there an easier process?
Every one has to follow the process there is no short cut , if you want get it faster request your new employer to apply H1-B transfer in Premium Process and entire process will take 4-6 weeks from date of job Offer.
How much time does USCIS take for an H1B transfer approval? What are the factors that USCIS considers for approval?
The entire H1-b transfer process will take 4-6 weeks in premium and in regular process there is no time frame usually 4 to 6 months based on work load at particular service center.
There are several factors considered for Approval its all depends on case to case and H1-B Transfer application has to meet the USCIS H1-B Regulations.
What are your opinion on “Starting working with new employer on H1B transfer receipt number” with new govt. coming in?
Now a days its risky to join on receipt notice , talk to your new employer to start working up on approval.
What will happen to the PERM process if an H1B transfer is denied? Both are filed by employer A (I joined by receipt notice).
There is no where related H1-B Transfer process and Perm Process both are entirely different.
Is it normal for companies to say that they cannot file an H1B transfer and revoke the offer letter?
Its all depends on the work availability at the time of filing.
Can I work on an h1b receipt while my h1b transfer is still pending approval?
Yes you can.
How much time does it usually take for a regular H-1B transfer?
In regular process there is no time frame usually 4 to 6 months based on work load at particular service center for H1-B Transfer application.
Can I work for new company when my h1b transfer is under processing?
Yes you can work on the receipt basis with new company when H1b Transfer in under process.
Is it possible to get the unstamped H1B transferred to a different company?
Yes Its possible but depends on case to case.
Will H1B Transfer during the H4 change of status petition for spouse affect the H4 Visa process?
Yes in some cases and No in Some cases but it all depends on the case to case.
Is H1B transfer a good option now? What points should you consider when thinking of transfers?
Yes always it’s a good Options if you are not satisfied at the current job and you have know deeply about the process and employer that you are going to transfer you H1-B.
Why don't companies sponsor fresh H1B visas and instead look for F1 to H1B or H1B transfer generally?
Its all depends on the company structure and job requirement at different companies.
Can I travel to US Virgin Island when my H1B Transfer is pending?
Yes you can travel since US Virgin Island is one of the part in USA.
How H1B transferred while extension is in-progress and I-94 expired?
Yes you can transfer H1-B to new employer based on the extension receipt notice.
Is it advisable to file for an H1B transfer without a paystub now?
Always advisable is to apply H1-B Transfer with all documents to avoid RFE and to avoid delays in process.
How long does it take for an H1B transfer with the premium processing cancelled?
In regular process there is no time frame usually 4 to 6 months based on work load at particular service center for H1-B Transfer application.
When does my grace period start if my H1B-transfer get denied and I have been working for a new company for 5 months? There is no gap between the previous employment and current employment, and my I-94 is still valid.
There is no grace period, you have to leave the country ASAP and you cant use the current I-94 since it with old employer and the job with old employer terminated 5 months back.
What is the validity of a passport for an H1B transfer?
Your passport must be valid at the time of H1-b Transfer at least 6 months and you are eligible to renew the passport before 1 year of expiration.
Can a new company file for an H1B transfer and renewal?
Yes New company can file the H1-B transfer and can request up to 3 years of validity to USCIS.
If my current employer cancels my approved H1B, is it still possible for H1B transfer?
Is its possible for H1-B transfer with in 60 days from date of employment termination from current Employer.
Can I get my H1B transferred after having a gap for one year?
Yes you can in cap exempt and you have to qualify for the H1-b transfer in CAP Exempt.
Should I join another company who initiated an H1B Transfer before a receipt is generated by USCIS?
No, you cant join before the receipt number issued by USCIS for H1b Transfer Application.
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