H1b Transfer- All You Need To Know!

USA

What is H1B Transfer?

H-1B transfer is a process that takes place if a person who is working or has worked in the past for an employer on an H-1B visa and changed jobs to work for another employer. Then the employer gets to file a new H-1B petition for the employee. It is only to mention the change of an employee from one employer to another.

The petition is filed by the new employer which generally showcases the request to extend the H-1B position. There is no permission required from the previous employer while changing to the new employer.

Required Documents

To file a petition with a new employer, one must submit the following documents of H-1B (primary) applicant:

  • Two or three recent pay slips (only if the transfer is occurring within the U.S.)
  • Copy of your latest H-1B approved notice i.e. Form I-797
  • Copy of all pages of the passport along with the blank pages.
  • Only the Copy of Form I-94
  • Copy of latest visa stamp
  • Applicant’s Resume
  • Copy of prior approval notice
  • All the photocopies of Diplomas, degrees, transcripts and mark sheets
  • Photocopy of all work experience letters, offer letters and relieving letters
  • W-2 form (annual wage report) and tax returns
  • If your work is as an occupational/Physical Therapist provide a photocopy of state license and visa screening certificate.

There is another visa for the spouse and family members of the H-1B visa holder; H-4 Visa. To acquire this visa following documents have to be submitted:

  • Photocopy of the passport along with copy of visa stamp
  • Photocopy of the I-94 card (both sides)
  • Photocopy of Marriage Certificate (H-4 Spouse)
  • Photocopy of Birth Certificate (H-4 Child)

Details regarding H-1B visa:

  • After applying the petition, employee can start working for the new employer as soon as he gets the notice of receipt
  • You worked with employer A and then you petitioned to work for employer B but the petition is pending, and now you want to work for employer C. In such scenarios one can file a new H-1B petition for employer C as long as your status is valid
  • It is possible to attain an H-1B petition if the applicant has maintained the valid H-1B visa status but was on bench or did not get paid by the previous employer
  • If the candidate has an approved H-1B petition from an employer but never worked in the US (as a candidate never entered the country), the candidate can apply for a new petition again with any pay slips. The extension of visa will not be possible if the candidate is not present in the US. The candidate will be issued with the I-94 Form when he/she arrives in the country. If the existing visa stamp has not expired then the candidate will not need a new stamp.
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