H1B Transfer

We will hire you still on your H1B status, but cant sponsor your H1B

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H1B Transfer

Your H-1B can be transferred through the new company. Your new company files an application with the INS, for your H1 transfer. You might be asked to submit the following documents:

One or two latest pay stubs.
Copy of your existing H1 approval.
Passport copies.
Copies of I-94 records.
Copy of SSN.
Latest Resume.
Copy of existing valid visa.
Copy of all your Diploma/Degrees.

Once it is submitted with the INS, it takes normally 3 to 8 weeks, or in some case a little more time. The time varies depending upon the location of employment.

FAQ

I am currently on H-1B through Company A. I am considering another offer from company B. Do I need a new H-1B? When can I start working for company B?

No, you don't need a new H1B, the existing one will be transferred.
** According to recent new H1B bill you may join company B, upon the receipt of you H1B transfer case.

Upon approval of H1 transfer, is there any time limit to join the new company?

Once your H1 transfer is approved, there is no joining time limit. It is totally up to you, when you want to report to work for the new Company.

Does H1 Cap affects H1 transfer process?

No, H1 transfer is a separate process, and it has nothing to do with H1 cap. It is a transfer of your existing H1 approval to some other company and not a new H1B.

I just got my approval notice for my H-1B transfer. It doesn't have a new I-94. What should I do?

I-94 is issued when you enter US, which contains a specific expiry date. It can only be issued if the existing I-94 has expired. In case of H1 transfer, it is possible that your I-94 is still valid. Hence, you won't be issued another.

Details

Checklist of documents to be provided by the H1 applicant (i.e. prospective employee) :

Clear copy of I-94 card.

Complete copy of passport along with copy of the visa stamps.

All previous approval notices. The Department of Homeland Security may delay your case if we do not provide these.

Full copy of all degrees, diplomas, transcripts and mark cards. Please do not trim edges. Note : Numerical course codes must be explained. Provisional certificates are not acceptable.

Educational credential evaluation.

Copies of work experience letters or reference letters that you may have.

Complete & detailed updated resume.

If you are in the US on valid H1 status & are now transferring your H1 (i.e. changing your employer), most recent pay slips. Please provide last three pay slips if available.

Occupational / Physical Therapists : Please provide copy of your state license and visa screening certificate.

If you are on H4 now : copies of spouse’s H1 approval, I-94, recent pay slip & marriage certificate.

If you are on F-1 now, copies of your I-20s, OPT approval notice & Employment Authorization / “Practical Training” card.

If you are on J-1 now, copies of : DS-2019, IAP-66 and all J-1 waiver documents.

Documents to be provided by the spouse / child of the H1 applicant (i.e. by the H4 applicant):

Copy of passport along with copy of visa stamp.

Copy of your I-94 card (front & back).

Copy of marriage certificate (in case the H4 applicant is the spouse of the H1 applicant).

Copy of birth certificate (in case the H4applicant is the child of the H1 applicant).