H1B FAQ

I am currently on the H1B through Company A. I am considering another offer from company B. Do I need a new H1B? When can I start working for company B?

No, you do not need a new H1B, Your existing visa 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 entirely up to you. Your employer and you may decide a mutually agreeable joining date. Many times people take a break in between jobs. It is your call on when you want to report to work for the new company.

Does H1 Cap affect H1 transfer process?

No, the H1 Cap does not affect H1 transfer process. The H1 transfer is an entirely different process, and it has nothing to do with H1 cap. It is a transfer of your existing H1 approval to some other company. It does not imply looking for a new H1B visa.

I just got my approval notice for my H1B 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. In which case  you won't be issued another I-94. Please review your I-94.

Should I inform my present employer about the Visa Transfer? Is there any way that my current employer can come to know about my H1b transfer?

No. It is not mandatory to inform your current employer and he will not know about the transfer as well.

Is there any limit for number of H1 transfers?

There is no such limit. You can apply for the H1 transfer as many times as you like.

Can a person apply for H1 transfer through more than one company at the same time?

Yes.

What if a person holding a H1 for Company A, applies for H1 transfer through Company B, and once the transfer is approved, he changes his mind and doesn't join this company B? Can he continue to work for his previous company A?

Yes. A person can have multiple H1 visas but is eligible to work for only one company at a time.

I am currently on the H1B through Company A. I am considering a H1B transfer. Do I need to submit a copy of my I-94?

Yes. You need to submit a copy of your most recent I-94 card, all previous H1B visas and approval notices.

Do I need to send my original passport?

No. You do not have to send your passport. You do have to submit a copy of your biographical page from the passport.

What other documents do I have to send for my H1B transfer?

You have to send the following documents:

  • PERM application

  • Copy of degree evaluation if you ever had your degree evaluated by an educational evaluation service.

  • Copy of all existing immigration paperwork, including H1B petitions, (including forms, support letter, etc.)

  • I-485 petition and I-140 petition (if applicable)

  • Copies of your three most recent pay slips

  • Copy of educational documents, including degrees (with English translation if not the documents are not printed in English)

  • If you have any family members applying with you, please give copies of their immigration documents. This applies for dependent spouses/children.