Can i transfer h1b visa

A: No. The visa stamp was used as a means of entering the country; however, the stamp is not necessary unless it is no longer valid. The stamp and the H1 employer status are not the same thing. Q: My H1 transfer was approved, but I decided to continue working with my current employer instead. What do I need to do? A: Even if your transfer has been approved, you can continue working with your current employer. Q: How many pay stubs should I submit?

A: Two to three pay stubs should be adequate. Q: My H1B was approved but not used. Can I transfer it from outside the United States? A: If you have the ability to show evidence that you were previously approved via a copy of I or a receipt number , a new employer can transfer the H1B.

This is the case even if you have not yet entered the United States. A: Transfers do not always come alongside new Is unless the previous one has expired. Your old I is still valid. So as long as you are in the United States and have the valid I petition approvals, you are good.

The issue with this approach is that if you need to leave all of a sudden for some emergency. So you need to factor in the time for the appointment and a possible interview at a US consulate.

Multiple H1B petitions can be filed from different employers for an H1B transfer at the same time. So, say you get a couple of offer letters at the same time and both these employers file your transfer, that is totally ok. They might both get approved. One of them might get denied while the other one is approved. An H1B sponsoring company can start your H1 transfer without asking for prior permission from your employer. The whole thing is dependant on your current approval notice.

If you are in the United States, it implies that you have maintained status throughout the H1B petition. It means that your current I has not expired and that you have not been out of a job for more than a certain period of time.

This certain period of time can vary as well. It would depend on how good the attorneys of your new employer are. The laws fall in a grey area and different attorneys interpret it in their own ways. One thing is sure: If your pay stubs are older than 60 days, your processing would be complicated and you would need to leave the USA and get the visa stamped.

If you are outside, and you worked in the United States in the past, you would need to submit your last pay stubs to reflect when you worked there last. Even when you play by all the rules, even if all your documents are in place, your application still might get rejected because of a clerical error or prejudice or some other reason.

And every here and now, they might make mistakes. Deb Pati is the founder of The Visa Project. He has lived and traveled in many countries.

When he is not travelling, he is either working or writing. Thank you for putting the effort to write this article and pinning down every situation possible. Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. Close Top Banner. Additional menu. Table of Contents. You need to wait until April when the H1B season kicks off. H1B Transfer There would be no lottery process.

How to change jobs on an H-1B visa. Prodigy Finance - June, 08 7 min read. About author. But, what happens if you want to, or must, change jobs? Can you switch jobs on an H-1B visa? Wait for approval of the LCA. LCA approval typically takes around 7 days, although the time can vary from case to case.

Your employer submits the I form with supporting documents and pays the application fees. Wait for approval. Can you transfer your H-1B visa to a new employer? Is it just as difficult to transfer your H-1B visa as getting it in the first place?

Your new employer will need to file an H-1B petition to USCIS on your behalf, just like your previous employer did for your current visa. You will also need to show proof of your legal status at the time of filing.

It is important to keep in mind that this new H-1B petition will not extend your stay in the US, and you are still subject to the departure date on your I record. However, you can use this opportunity to file for an extension. If your H-1B transfer petition is denied, you can continue working for your current employer who sponsored your first visa, if they are willing to keep you on. A denied petition does not change your current H-1B visa status—you are still able to remain in the US until the return date stated on your I card.

You also have the option to appeal the decision. Another option would be to leave the US and file a new H-1B petition. As mentioned above, job seekers can file multiple H-1B petitions at the same time. This is sometimes referred to as bridging the petition. The process might be something like this:.

Until your I card expires, you can file new petitions while previous petitions are still pending. This provides you with some flexibility to pursue a company that is a better fit for your talents and skills. If your status changes due to an expired I date in Petition A, then all other pending petitions will be denied. The denial of Petition B will mean an automatic denial of Petition C.