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H1 Visa Transfer FAQ Q:
Can a person with a H1 visa transfer/change jobs?
A:
Yes. The USCIS must be notified of any change in one's employment status.
Q:
Before I apply for H1 transfer with new employer, do I have to inform my current employer?
If I don't tell them, is there any way for them to know?
Do I have to take permission of my current employer?
A:
You don't have to tell your current employer and there is no way for them to know about this
transfer from any government agency such as USCIS, DOL etc. However, be careful of your
colleagues with whom you might have discussed about this and consider whether they may
tell your employer. You don't need any permission from your current employer for H1 transfer.
Q:
Once I get H1 transfer, is there any time limit to join new employer?
A:
No, legally there is no time limit. You can join at any time and work up to the expiration date of
LCA. When to join is entirely between you and your new employer.
Q:
Is there any limit how many times I can apply for H1 transfer?
A:
No. You can apply as many times as you want.
Q:
Can I apply for H1 transfer for multiple employers at the same time?
A:
Yes.
Q:
I have H1 visa stamp from my old employer. Now I have received H1 approval for new employer. Do I need
to get H1 visa stamped in my passport for my new employer?
A:
There is a difference between H1 status and H1 visa stamp. H1 visa stamp is used only to enter into United
States. H1 status is required to work in US for petitioning employer.
If you have received H1 approval for new employer (or even receipt of H1 filing for new employer), you can work in US on H1 legally for new employer. If you travel outside US, if your H1 visa stamp (even if from previous employer) is still not expired and valid, you can use that H1 visa stamp along with H1 petition from new employer to travel back into US. However, if your H1 visa stamp has expired (either from previous or current employer), you must get your H1 visa stamped in your passport before you can travel to United States again. Q:
I have working with employer X on H1B, and applied for H1 transfer through employer Y. After the transfer
is approved, if I change my mind and decide to continue to work with current employer X, can I do that?
A:
Yes. You can continue working with current employer as if you never filed H1 transfer.
Q:
For H1 transfer, how many pay stubs are required from previous employer?
A:
Last 2 or 3 pay stubs should be enough.
Q:
I am working for employer A->Mid vendor B->Client C. Is it okay to join C?
A:
If you have a non-compete agreement worded in such a way that you cannot join any of the employer's chain, you cannot join C.
Otherwise, it is fine.
Q:
I signed a contract saying I will be with my employer for X months, I have a great offer now, can I quit? After all bonds are not valid in US right?
A:
This is really a labor law question and not an immigration law question.
The contract you and your employer signed is enforceable and signing such contract does not qualify it as the bonded labor.
Your employer may be able to collect the liquidated damages which is enforceable in court.
Generally, small employers use it as a scare tactic to avoid attrition.
You should talk to a labor law attorney regarding your case specifics.
Q:
Can I transfer my H1b before October 1 to a different employer? I already have the H1b approved.
A:
Yes, it is possible to file for a H1b transfer before October without paystubs from first employer. All you need is a confirmation of your H1b approval. This can be done outside the US as well as while in the US.
Q:
I am currently in US on H1b. I don't have any paystubs since Oct 1. Can I transfer to a new employer?
A:
If the transfer petition is filed immediately in the first few weeks on entry in US, there were couple of
instances of USCIS approving the transfers in the past.
However, it is not a guaranteed approval and risks associated with it are huge.
USCIS is cracking down on benching situations. For all practical purposes, if you are on H1b,
you need to be getting paid and need the paystubs for the H1b transfer.
Q:
Can a H1b that was approved and never used be transferred from outside the country?
A:
A transfer is nothing but a new H1b application that is not subject to cap. If you have proof of prior approval (like the copy of I797 or a receipt number), a new employer can transfer the H1b even if you have not entered into USA.
Q:
I am employed by Company A on H1b , Got a new offer from Company B and filed for a transfer. which is pending. Now I have an offer from Company C that I want to join. Do I have to wait for approval from Company B to transfer to Company C?
A:
No. You can file for a transfer using Company A I797 approval, last few paystubs, Company B receipt, paystubs from B and get a transfer approved to Company C. It is legal and possible as long as you are in valid status.
Q:
I have H1 visa from one company right now in my passport but I am in my own home country currently
and not working for them. Can I travel to US using that H1 visa stamp to search for new employer by doing
H1 transfer?
A:
No.
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