Our H-1B transfer attorneys frequently get asked about the process and credentials necessary to carry out a transfer.
Below are the most common questions:
Q. Does the normal H-1B cap have any effect on my H-1B transfer process?
The regular H-1B cap is a completely separate process on its own. The great thing is the regular quote will not impact your chances of receiving an approval. Because you have already been counted against the cap, your H-1B transfer petition will not be entered into the lottery.
Q. Prior to applying for an H-1B transfer with a new employer do I need to tell my current employer?
You are not required to tell your current employer about an H-1B transfer. It is up to your what information you decide to reveal to colleagues and employers. Check for H1B Sponsorship Process in UT Evaluators.
Q. Is there a maximum number of times I may apply for a transfer?
There are no limits imposed on the number of times you may apply for a transfer. Portability is one of the many benefits to having an H-1B visa over other work visas such as the L-1 visa.
Q. Am I allowed to apply for an H1B transfer with more than one employer at a time?
Yes, there is nothing preventing you from applying to work for multiple employers. Because the H-1B visa allows you to work part-time, you may also work for multiple employers simultaneously.
Q. Can I start working for my employer if I only have an H-1B transfer receipt and the petition has not been approved yet?
Yes. As long as certain requirements are met, you may begin working at your new H-1B job before receiving approval as long as you have gotten a receipt that the USCIS has received your petition. The requirements to be met are these:
A. You must not have ever been employed in a manner outside of your authorization
B. You must already have a valid H-1B status, meaning that your H-1B status must not have expired.
C. You were lawfully admitted to the U.S.
If you can check all of these boxes, then your H-1B transfer petition will likely be approved and you can start working for your new employer. Keep in mind that you do not necessarily need to get an official receipt from the USCIS—a receipt from your mail carrier will work.
However, if the USCIS denies your transfer petition, you will need to cease working immediately and make plans to leave the U.S. or find a new H-1B job before your 60-day grace period expires. Therefore, you must consider the risk that comes with working for the new employer before official approval notice. To know more details on H1B Visa visit Changeonslapac
Q. If I have an H-1B visa stamp from my previous employer but now have received a new approval (new employer) will I need to get another H-1 visa stamped in my passport?
Being on H-1B status and having an H-1B visa stamp are in fact different things. The visa stamp is used as a way to enter the United States while H-1B status is required in order to work for your petitioning employer.
Say you received approval for your new H-1B employer; that means you can only legally work for that employer. However, if you travel outside the country and your H-1B stamp is still valid then you can use that in conjunction with your new petition to travel back into the country.
What happens if your H-1B visa stamp has expired? Then you need to get your passport stamped again before traveling back into the U.S. An H-1B transfer attorney can better direct you regarding this type of situation.
Q. Is there an abbreviated H-1B visa transfer process or a quicker way to file?
We often get this question since so many individuals assume that an H-1B visa transfer is a quick and easy deal. Unfortunately, it’s not that simple. All filings must be complete and fully establish an applicant’s eligibility in that category.
If you do not meet the necessary compliance requirements or are missing information in the documents, you risk being denied. For that reason, it’s strongly advised to seek help from an experienced H-1B transfer lawyer.
Q. What if apply for an H-1b transfer with another employer and it’s approved but later decide to continue working with my current employer?
You can stay with you current employer even if your H-1B transfer is approved.
Q. Typically, how many pay stubs should I submit from a previous employer?
The last two or three pay stubs should suffice, though you should consult your immigration attorney to be sure.
Q. If I have an H1B that was previously approved but not used can it be transferred from outside the U.S.?
An H-1B transfer is essentially a new application that is not cap-subject. If you are able to show proof of a previous approval (i.e., receipt number, copy of I-797) then the new employer can transfer the H-1B even if you have yet to enter the country.
Q. What should I do if I received an approval notice for my transfer but it doesn’t have a new I-94?
You may not have been issued a new I-94 if your current one has not yet expired and is still valid.
Q. Are H-1B transfers subject to the cap?
No, they are not subject to the H-1B cap. You have already been counted against the cap and so you are able to have an H-1B transfer petition filed at any time and without fear of not being selected.