H1B Transfer F.A.Q
( All these answers are general rules of h1b visa. For current law and INS policies, please contact your attorney or the respective agencies )
I am currently working on H-1B visa. I have got my H-1B visa transfer done to another company. Is there any time restriction for me to join the new company on the new H-1B visa?
As per the current law, there is no start deadline. Therefore, your H-1B should not be invalidated just because you do not start immediately, unless the sponsoring company decides to revoke it. Remember, you must continue to work for one of the H-1B employers or you will be out of status.
I am an H-1B worker. I resigned from my employer, but got an offer from another employer. The transfer has been filed by the new employer, but not yet approved by INS. Can I continue to live in the U.S. if I have proof that the employer has filed for the transfer?
I am working for a company in the USA on an H-1B visa. Now I want to change my employer. My new employer has filed an H-1B transfer. When can I start working for him? I heard that I can start as soon as I get receipt no. Is it true or I should wait for my case approval?
As per the new law, you can work for the employer as soon as you filed your H1B transfer. Still INS didn't post their regulation for the new H1B transfer law. This is applicable only if you have valid employment in US and your status should be legal in US.
I am transferring my H1b to another company. Is there any chance my current employer can know about it?
No. Your current employer will not be able to know about your transfer unless you tell him. You need to submit your current paystub and employer details to INS to show that you are in US with valid employment.
I have applied for H1b transfer, it is not yet approved (or it is approved). Can I apply for another company for h1b transfer?
Yes. You can apply for another company.
Can I apply for more than one H1b transfer at a time?
Yes. You can apply.
My H1B transfer got approved, can I continue with my current employer?
Yes. You can.
I have got my new H1B approval, also I got the stamping. I am not in US. Can I enter into US with this VISA and join another company?
NO. It is illigal. If you get caught by the INS officer at the port of entry, they will send you back to your home country from the airport itself.
I got the H1B from a company, but the company is not willing to call me to US. Can I transfer this H1B to another company?
NO. To transfer your H1B, you should have a valid employment in US. You need new H1B approval for your employer whom you want to work.
How much time will it take to transfer h1b?
It depends upon the center you are filing. Appoximately 6 to 8 weeks for H1B transfers.
My H1B Transfer is in process. Can I travel abroad before the approval? What will happen if my case is approved during my travel?
It is advisable to avoid your travel during the H1B ( Any Visa ) is in process. If it is absolutely necessary, you can travel. Keep in mind that your H1 transfer has been filed based on your current US employment. You will be getting new I-94 with your H1B transfer approval notice. which will be in conflict with your I-94 while entering into US after your abroad travel. So, to be on safer side, get the stamping for the new employer.
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