H1-b Transfer
Transfer H1B petition from one employer to the next employer
If a current H1b visa holder wants to transfer their visa to a different employer, he or she can begin working for the new employer as soon as the H1B transfer petition is submitted to USCIS by the new employer. In other words, the applicant does not need to wait until the transfer visa is issued by USCIS to begin working for the new employer/sponsor company. This applies as long as the H1B visa holder is in lawful status at the time of the petition and has not been engaged in unauthorized employment since the last lawful admission into the US. This was established by the H1B transfer bill approved in the senate and house as bill S.2045 and the H1B portability rules of the American Competitiveness in the 21st Century Act.
H1B transfers can be filed at any time of the year and they are unlimited—they do not count towards the H1B quota that is established each year. If a transfer application is pending for 180 days or more and the new pending employment is in the same or similar occupational classification as the original job approved in the initial H1B petition, a job change can take place without the validity of the I-140 being affected.
Required Documents for H1-b Transfer to New Employer
When filing for an H1B transfer, the following items will be essential to ensure approval:
· Up to 3 months latest pay stubs.
· Copy of your existing H1B approval.
· Passport copies.
· Copies of I-94 records.
· Copy of Social Security Card.
· Latest Resume.
· Copy of existing valid visa.
· Copy of all your Diploma/Degrees.
How long does the H1B transfer procedure take?
Generally, an H1B transfer will take anywhere from 4 to 8 weeks, but this is affected by a number of things including the location of the employment, where the USCIS visa processing center is located and the number of petitions being filed at the time.
H1B Transfer Questions and Answers
Q: I am currently on an H1B visa through Company ‘A’. I am considering another offer from company ‘B’. Do I need a new H1B visa? When can I start working for company B?
A: No, you do not need a new H1B visa, the existing one will be transferred. According to a recently passed H1B bill you can now start working for company ‘B’, upon the receipt of you H1B transfer case from the USCIS.
Q: Once an H1B transfer has been approved, is there a time limit to join the new company?
A: No. Once the transfer is approved, there is no time limit to join the new company.
Q: Does the H1B quota affect the H1B transfer process?
A: No, the H1B transfer process has nothing to do with the yearly H1B quota. It is a transfer of your existing H1B approval to a new company and is not a ‘new’ H1B.
Q: I received my approval notice for my H1B transfer., but it doesn’t have a new I-94. What should I do?
A: If your I-94 is still valid, you will not be issued another one until it expires. An I-94 is provided when one enters the US and a new one will not be issued until the initial I-94 expires.
Q: Do I need to inform my present employer about my H1B visa transfer? Is there any way that my current employer can come to know about my H1B transfer?
A: No. It is not required to inform your current employer about an H1B visa transfer and they do not need to know about the transfer.
Q: Is there a limit for the number of times I am allowed to transfer my H1B visa?
A: No. There is no limit-you are allowed to apply for as many H1B transfers as you want.
Q: Can I apply for an H1B transfer through more than one company at the same time?
A: Yes. You can apply for multiple H1B transfers and the procedure is the same for each.
Q: If a person who is holding an H1B visa for one company and applies for a transfer through a separate company and the transfer is approved, can the visa holder decide not to transfer to the second company?
A: Yes.
Immigration Lawyer Assistance with H1-b Transfer Processing
If you need to transfer your H1b petition from one employer to another, please contact immigration attorney direct line (949)228-3922 or email me at attorney@lawofficesofjackcsung.comto receive a free consultation with immigration attorney. Office hours are Monday to Saturday from 9:00AM to 9:00PM, and email consultation are open 24 hours a day, 7 days a week. Immigration law office located at 2975 Wilshire Blvd. Suite 352 in Los Angeles, California. Free immigration consultation and advice within 24 hours guaranteed.
Immigration Lawyers, Los Angeles
Hello Sir,
I have been working in USA from close to 4 and half years.Initially 3 yrs, i was on L1-B and recently came here on H1-B after denial of my extension of L1-B. I have been working with my employer’s client from past 4 yrs. My employer’s client somehow is interested in hiring me but because of below point in my employment letter a bit dicey
“During the your term of the employment with the company and for a period of one year thereafter, you will not (i) solicit the trade of , or trade with, any customer, supplier or qualified client of the company such that any such customer, supplier or qualified client reduced the amount of business which it does(or, but for such solicitation, would do) with the company or (ii) solicit or induce any employee , distributor, sale representative, age or contractor of the company to terminate his, her or its employments or other relationship with the company (iii) accept employment with any customer of the company. For the purpose of this section, a qualified client is any organization or person to which the company has, within one year before the termination of the Employee;s employment,submitted a proposal to provide services if the Employee was involved in the preparation of the proposal”
The similar kind of point my employer has in his contract with customer,
a) Will this can cause problem in anyway ?
b)Can somehow i fix this without any issues ?
c)How can or what route i can take to work directly for my employers client ? That is what the intentions are
Any advices will really be very much appreciated. I m in real need of those
Thanks and Best Regards,
Gagan
Please contact me by email and I can answer your questions.