the hottest immigration tracker
|
 
| Got questions on U.S. immigration? |
 |
|
|
|
H-1B Discussion Forum
H1B Transfer. When can it be done? |
Like this thread? |  |  |
|
Hi,
I just got my H1B approved for this year under the Masters quota. I would just like to find out as to how soon or when can i do a H1B transfer? I am currently on OPT and as per my understanding, the H1B is only effective from Oct 1, 2007. Since my H1B is already approved, can i transfer my H1B to another company before the Oct 1 date?
Thanks
|
If your H-1B is approved, then your H-1B comes into effect and your OPT is invalid. I'm quite sure about that.
And sure, now that your H-1B is approved, you can get a job with another employer and let them file for a transfer.
|
Hi robin,
When you say Invalid, i don't really understand that part. As i was under the impression that although the H1 has been approved, but it also states that one can only start working after Oct 1. During the period, i would still be under the OPT status, that is one of the reason why some people have problem with the gap between the end of their OPT and the start of their H1. Least that's what i thought.
As such, based on the above assumption, i am not sure whether i can do a transfer of H1 now, as i read somewhere a transfer can only be done after Oct 1, otherwise it might result in the cancellation of my H1. Not too sure how much of this is true.
|
Where does your H-1 state that it is only valid from Oct 1? On the I-797? I was quite sure that once your H-1 is approved, you are on H-1. Maybe something has changed since then. What does your I-94 say, that came along with your H-1 approval? What dates does that mention?
|
I just got the documents from my company yesterday. It states the effective date of the H1-B is from 1-Oct-2007 until 24-Sept-2010. But i've also heard people saying i need at least 3 pay stubs from my current company, while i'm under the H1-B, and that the pay stubs given to me during OPT cannot be used for the H1 transfer to a new company. Thing is, i seem to be hearing different things from different people, and as such, was hoping to get a little more understanding before contacting a lawyer.
|
You can apply for the transfer as soon you get one copy or two (3 recommended) of your pay slips from the sponsor employer for your H1B visa. (USCIS will ask a least for one copy to process the transfer)
I think that robin is confused about status, visa stamp and approval notice.
Becasue you H1B is aproved this doesn't mean that you are in H1B status.
In Octuber you should file the form i539 to change your status from F1 to H1B or you can travel outside US and get your visa stamp in a US consulate.
Then you can re-enter to US in H1B status. Be sure that the immigration officer use your new H1B visa stamp to process your entree and stamp the i94 form with the H1B status.
I transfered my H1B visa two times. Congratulations for your H1B and good luck with the transfer!
|
Hi trs80,
Seems like you have pretty good experience about H1B transfer. I will get my last paycheck tomorrow, 6/1/07 (end of MAY check). I have a job (Physician Assistant ) offer in a different state that requires state practicing license before I can start the job. Even if I file a H1B trnasfer right away within next 7-10 days, I can not start the job until mid August'07 because it takes good 2-3 months for the state to approve practicing license.
Q 1. Am I safe just because I have filed H1B transfer. I will definitely make certified mail with signature confirmation. How would I justify June, July' and August 07? Seems like I will be job less during these 3 months. Am I getting out of status.
Q 2. How many days/months does USCIS allows in between H1B transfer.
Q 3. My present employer is helpful but business is bad and he does'nt have money to pay my salary. Acually he may have to close the practice. But I insisted him on keeping me in his payroll until he closes all down, so that I can maintain H1B until my new job. Can he just pay me a salary of 100-200 $ /month against few hours of work per week. Or does he have to pay strictly the prevailing wage that I started with? Because I know, one can have multiple H1Bs for multiple part time jobs with small salary.
I appreciate your thoughts in this regard.
|
No need to file i539, the H-1b will start Oct 1. 539 is for change of status in other situations. No need to go outside and re-enter, you will have work authorization on Oct 1. If you do travel outside you will need this to be stamped at the consulate.
|
Hi jushumu786,
I am in the exact same situation as your are in. Could you please let me know if you find an answer for this situation. I shall keep you posted on any updates I learn.
Thank you.
Naveen.
|
Not really; someone says you acually do not have any time in between. You have to get transfered while you are in HIB. Someone says ASAP. Some says within 10 days. One of friend filed new H1B (once got fired from old job) after 60 days, that's when he could find a new job and USCIS apporved that. I really do not have the answer.Please keep me posted. Thanks.
|
Hi Gregory
I send my case on May 16th to CSC for transfer and extention but no case # recieved yet its almost more then 1 month,
please give me any advise if u can,
Thanks,
hope2007,
|
Hi,
I have an H1-B with employer X, and was offered a position by employer Y. Based on a phone call I had with USCIS, I explained to employer Y that they need to file for an H1-B transfer, and then I can start working with them without having to wait until the transfer approval is received. However, HR of the employer Y seems to think that transferring H1-B requires a new I-129 application and going through the whole lengthy process that any employer petitioning for a non-immigrant worker will have to go through. In other words, their procedures will be exactly as lengthy and difficult as the case for employer X. My question is: is that true? What does transferring H1-B require? What forms do they need to provide, how time is it expected to take? And can I start working with them before the approval notice? Thank you so very much.
|
Hope2007, This can happen. If you or your Attorney filed for you, ask him to look at the returned check. On the back will be the receipt number.
|
Hi,
I have an H1-B with employer X, and was offered a position by employer Y. Based on a phone call I had with USCIS, I explained to employer Y that they need to file for an H1-B transfer, and then I can start working with them without having to wait until the transfer approval is received. However, HR of the employer Y seems to think that transferring H1-B requires a new I-129 application and going through the whole lengthy process that any employer petitioning for a non-immigrant worker will have to go through. In other words, their procedures will be exactly as lengthy and difficult as the case for employer X. My question is: is that true? What does transferring H1-B require? What forms do they need to provide, how time is it expected to take? And can I start working with them before the approval notice? Thank you so very much.
MSMS,
You will have to file a whole new H-1b package as you said, and go through the whole thing, same as the first time (providing all the same forms). It can take 1-6 months to get it approved, it all depends. You can start working "upon filing" so you do not have to wait until approval. This is assuming a lot here, and its hard to advise having limited knowledge of your case of course. In general, however, it is true. |
Yes, you need to make the same paperwork and fill the same forms
The good news is that the H1B transfers are not subject to the cap.
I transfered my visa 2 times :)
Also, I think you need to get at least one payslip from your current employer for apply for the transfer.
You can start working as soon you apply for the h1b transfer (will be good to wait for the receipt notice), you don't need to wait until october.
|
Hi,
Just want to know whether I can transfer my H1 while am in India.
thanks
renj
|
Hi,
I have an H1-B with employer X, and was offered a position by employer
Y. Based on a phone call I had with USCIS, I explained to employer Y
that they need to file for an H1-B transfer, and then I can start
working with them without having to wait until the transfer approval is
received. However, HR of the employer Y seems to think that transferring
H1-B requires a new I-129 application and going through the whole
lengthy process that any employer petitioning for a non-immigrant worker
will have to go through. In other words, their procedures will be
exactly as lengthy and difficult as the case for employer X. My question
is: is that true? What does transferring H1-B require? What forms do
they need to provide, how time is it expected to take? And can I start
working with them before the approval notice? Thank you so very much.
|
Hi,
I have an H1-B with employer X, and was offered a position by employer
Y. Based on a phone call I had with USCIS, I explained to employer Y
that they need to file for an H1-B transfer, and then I can start
working with them without having to wait until the transfer approval is
received. However, HR of the employer Y seems to think that transferring
H1-B requires a new I-129 application and going through the whole
lengthy process that any employer petitioning for a non-immigrant worker
will have to go through. In other words, their procedures will be
exactly as lengthy and difficult as the case for employer X. My question
is: is that true? What does transferring H1-B require? What forms do
they need to provide, how time is it expected to take? And can I start
working with them before the approval notice? Thank you so very much.
|
Hi,
I am on H1-B transfer as well, but I got different opinions on the start day for the new job. Some counsels said, "We very strongly advise you to not resign your current position until we have filed the H-1 petition and received a USCIS receipt notice", while some said, "your case is portable and you can join the new company the day after we file, once we have Federal Express confirmation of delivery to USCIS". Are there any differences between joining the new company when I get the Federal Express confirmation of delivery to USCIS and when I recieved a USCIS receipt notice? Are any risk of denying the H1B transfer involved?
Thank you sooooooooooo much
|
I have recently transferred my H1 from company "A" to company "B" .Company "A" has cancelled their H1b ie they have informed the INS.Is there a provision that I can get the new H1b stamped within the US?If not then what is the procedure in case I have to travel to India???Waiting for your suggestions.
Thanks
|
I have recently transferred my H1 from company "A" to company "B" .Company "A" has cancelled their H1b ie they have informed the INS.Is there a provision that I can get the new H1b stamped within the US?If not then what is the procedure in case I have to travel to India???Waiting for your suggestions.
Thanks
|
Visa Stamp of Prior Employer Remains Valid
©MurthyDotCom
If the H1B employee has an unexpired H1B visa stamp in the passport with a prior employer, that visa remains valid until its expiration date for use at the time of reentry from abroad to work with a new H1B employer. Of course, the new H1B employer has to file and obtain a new H1B petition approval for that employee to work at its work location/s. Even though the visa stamp will contain the name of the prior H1B employer, it may be used at the time of entering the United States with the H1B petition approval of the subsequent H1B employer / sponsor, as long as the H1B employee is eligible for entry in H1B status. The important thing to remember here is to request that the POE Inspector stamp the I-94 card valid until the date of the H1B approval notice with the present employer and not the earlier visa validity date stamped in the passport with the earlier employer. To avoid this problem, some H1B employees prefer to obtain a new H1B visa stamp from a U.S. consulate. This new visa stamp carries a notation with the name of the new employer and a new validity date.
©MurthyDotCom
We at The Law Office of Sheela Murthy, P.C. hope that this detailed analysis puts many fears, rumors, and questions to rest on this issue. We are pleased to be able to review and analyze the articles carrying the erroneous information to clarify matters for the benefit of our MurthyDotCom and MurthyBulletin readers.!!!!!Hey friends any comments on this??????
|
Hi,
I want to know the process for H1 Transfer from India. My H1 got approved in Oct07, but I haven't gone to US. I want to transfer this H1 to my current company. Are there any problems in this process? Pl. clears me
Regards,
DS
|
Hello,
I recently transferred my H1-B to another company and started working for them.
Things didn't work out well here and I am thinking of going back to my previous employer.
Does the old employer need to file for a H1-B transfer even if they did not cancel my H1-B?
Thanks
|
Actually, you might be able to go work for your employer right now without any transfers. Ask a lawyer. I remember that lawyers told my wife that she could go back to the old employer any time without any filings.
|
The question I have is:
after one renews their H1-b past the 6th year, can you transfer to another company while you are in the 7th or 8th year of H1-B?
|
Hi,
What does USCIS send along with H1B approval notice?
Is it just a one page notice or does it send all the application package along with the approval notice?
Thanks
MasteJi
|
hi
I have a problem that gives me lots of headache. OK, here I go. I have a job at a small law firm in AZ. The firm first promised me that they were going to be my sponser for H1B and that makes me under the H1B status. Suddenly, they said that they do not hire me any more for money from October, which was the date of start of my H1B status. They said that they do not have enough money to pay me. I know that I can file on Deparment of labor. But I don't think it would solve my problem at all. I haven't have any pay slit or anything. followings are my questions
Q1. Can I stay like that way without getting salary?
Q2. How long can I stay without getting salary?
Q3. If I cannot get paid in the end, what would happen?
Q4. Is my H1B still under "portability"?
Q5. Can I move another work?
Please give me some advice. I am dying for that now.
|
Hi All,
Can any one tell me what are medical tests needs to done for H1B and L1
especially if u can tell exactly what are all the blood tests needs to be done ??
very much urgent guys , pls help me !!
Thanks
oovg
|
Hi, I am on H1-B visa under my employer who is a consulting agency. It has been 4 months since october (from when my H1-B became valid) and my employer has not found me a project still. Hence he has also not paid me anything. Now all i have is the H1-B approval notice from this employer and no pay stubs. Is it possible for me to find another Job and apply for a H1-B transfer at this stage?
|
Sir
I got my H1 approval notice in october 2007 and i went for stamping on Jan 2008,But i got 221-g because of not having proper Project and Tax papers.Now my petitioner is not willing to give any documents?What can i do further?Is it possible to transfer my H1 approval notice to other company?If so what are all the procedures?
Please help me
Thanks
Vini
|
Hey Trso80,
You said you transfered your H1B twice, so i wonder if you can answer this question for me? Can I extend my H1B for another (second) 3 years after the 1st 3 years without a pending/approved I-140? Is it true that I can only extend my H1B for 3 more years after the 6th year with a pending I-140?
Any advice would be appreciated.
Thanks.
|
Could someone pls advise me on this.
I am switching employer and I am current on H1. The new employer will be applying for h1 transfer within the next few days. My questions is,
If I tell my current employer about my new job for a 2 week notice, and if he chooses to terminate my employment right away, then I am going to be out of status. Furthermore current employer can also revoke my current H-1. Since filing for my H-1 transfer will happen sometime next week, I am going to be out of status until H-1 transfer is filed.
Am I going to be safe even if my current employer terminates my employent before my H-1 transfer is filed?
|
Actually, even if you leave your current employer and will work for your new employer, you can come back and work for your old H1-B employer any time (until your h1 status is still in effect). you can actually work two jobs in both companies if you'd like. It is something that not many people know. Plus, you have either 60 or 90 days after your employment ends with old sponsor to find a new one (you will have the same h1 number). It is only after that timeframe and if you did not transfer your h1 any where else, then you are out of status. So, don't worry.
|
sorry but i am not sure it is true. As soon as you quit your current job on H1, you are out of status if no h1 transfer was filed. The question is, if a different employer has filed for H-1 transfer for a job starting at a much later date, are you considered out of status between the date u quit your current job and the start date for the new job, or you are not out of status becuase your h1 xfer has been filed, albeit for a later start date.
|
Hi
I got H1b stamping in sep 2007.I was in US Company A from oct2007 to dec 2007 in bench . They didnt pay me. I return to india. Now i joined in company B in india. I got onsite offer in US.It is possible to transfer my visa to company B without inform to Company A.Please reply me
|
Hi,
PLEASE can you confirm if this is true?
"Plus, you have either 60 or 90 days after your employment ends with old sponsor to find a new one (you will have the same h1 number)." I am about to get laid off at my current company, and desperately looking for a new job (still haven't found one). Can I be without a job but still remain in status? My lawyer says my H1B is portable, but that does not tell me how long I have between 2 jobs (time to search) in order to remain in status.
Thoughts?
Thank you.
|
Hi,
PLEASE can you confirm if this is true?
"Plus, you have either 60 or 90 days after your employment ends with old sponsor to find a new one (you will have the same h1 number)." I am about to get laid off at my current company, and desperately looking for a new job (still haven't found one). Can I be without a job but still remain in status? My lawyer says my H1B is portable, but that does not tell me how long I have between 2 jobs (time to search) in order to remain in status.
Thoughts?
Thank you.
Yes, this is right. You have some time to transfer your h1. I can't remember the exact number of days (I think 60 days sounds right). But you have to hurry up and find a new job.
Good luck. |
Hi Anelkeyter,
Yes, you can.
You can stay on H1B status for 6 years (two 3 years period) maximum but with a pending I-140 you can extend it indefinitly over this 6 years (with 1 year periods).
|
Hi Anelkeyter,
Yes, you can.
You can stay on H1B status for 6 years (two 3 years period) maximum but with a pending I-140 you can extend it indefinitly over this 6 years (with 1 year periods).
However, if your i-140 is approved before the expiration of the 6th year of H1-b, you can renew your H1-b in 3 year increments and not 1-year. |
Thank you for you reply! I appreciate all input.
I am confident that I can renew for my H1B for another 3 years, and aware of this matter However, on what I am truly really confused about now is this question -
My employer is letting me go within the next 2 weeks to month, due to my group closing. I am looking for a new job every day since I heard this news (about a month ago), but has found none yet to transfer my H1B yet. How long can I be without a new job before my status becomes invalid? I don't want to be out of status, but having a difficult time finding a new job that will transfer my H1B. Thus, how long do I have before I get into trouble with the INS? My lawyer just keeps telling me my H1B is "portable", but can't seem to find out how this works...
Please advice what you know, since you seem very knowledgeable on transfer matters.
|
Hi,
I have a H1-B from company A and I got a new H1-B with Company B. Company A does not know of Company b. Currently, I am on bench with Company A. Can I got ahead and start work with Company B and be on their pay roll without Company A's knowledge? Is this legal? Is there any part of the USCIS law that dictates this?
Thanks !! Appreciate any responses.
Regards,
V
|
Hi,
I have a H1-B from company A and I got a new H1-B with Company B. Company A does not know of Company b. Currently, I am on bench with Company A. Can I got ahead and start work with Company B and be on their pay roll without Company A's knowledge? Is this legal? Is there any part of the USCIS law that dictates this?
Thanks !! Appreciate any responses.
Regards,
V
Yes, you are fine. I assume that Company A is the first company that you got your h1 with and Company B is the subsequent company that you got your h1 with ("transfered" your H1). You can go back and work the old company as long as your i-797 is still valid for that company. This is something that very few H1s know. I've done myself and my other friend has done the same. She works now two jobs--one with new employer and part-time with old employer. One thing I am not sure about the employer's knowledge part... I think your old employer should know that you work somewhere else. |
Hi jushumu786,
were you able to work on H1 as a Physician Assistant. If yes, can you please give some info whether hospitals sponsor H1 for PAs?
|
I would like to know if if I can have two h1b visa. One with the old employer and the second one with the new employer.
|
Hey all,
So if I understand well once you got the H1B transfer started you can quit your old company and start working immediately for the new one?
I recently got my H1b(october 07). Got an offer for a better job recently. All the papers for the transfer were signed and sent last week. But somehow the lawyer(from the first company) recommended me not to resign until I get the transfer notice.
I'm really eager to move out of company A as the work environment is aweful, I just want to quit.
I just dont know what to do or what to believe. What could happen if I quit and my transfer doesn't get approved for whatever reason?
This all process is very stressful!!!!Please help!Thanks
|
hi,
I am working with company A currently and about to resign from company A and joined a company B from which i have a better offer. Is it advicable to start processing H1 transfer with company B and then resign for Company A. Can i start working right after recieving reciept from USCIS for H1 tranfer?
Also, I have not stamp my Visa and still have F1 stamp on passsport. Can this create any issue while sending copy of passport and visa for H1 transfer?
Thanks
|
Hi Pepite and Nypits,
Welcome to trackitt!
First post all your cases data in the trackers. The main feature of this page is to keep stats about USCIS cases.
Now let's talk about your questions.
According to the AC21, you can start working with your new employer as soon you submit your case to USCIS.
Many people recommend to wait for the receipt notice.
The approval notice may take 90 days aprox unless your new employer pay for premium processing.
The good thing is that the visa transfer is not subject to the cap and if the forms were filled with the correct information and the right fees were sent then your visa has 99% chance to be approved.
You will need to send copy of your latest I-94 to prove your current status but you don't need to show any visa stamp in your passport.
Good Luck!
|
Hi,
I am applying for H1 Transfer to Company B and Copmany A create my patstub every 15 of the month and they do pay monthly. Now if I want to apply let's say 1 week of April and having paystub for February on 15th March, does this impact any processing of H1 transfer? In other words, what criteria for paystub USCIS have for h1 transfer?
Thanks
|
|
Users watching this thread:
Vicrot, jushumu786, nuncprotunc, kallnav, msms07, hope2007, renjith, poornima, linatucla, pkj1970, Tresher, MechEng, busco4you, jrcombo, oovg, srijay, vinidimple, anelkeyter, h1xfer, lrja2007, viggom, poliana24, pepite, nyits, harry123, Bejitam, pras123, aagupta, ManishD, salamay, kumarc, shrav, ahad, larry15, h1btransfer911, l1toh1, gcardozo, cclar, Annie, ravikumar, vundela, dharmendrah1, rbaskar3k, pari1980, libraguy, rashedmd, kk77, lucky1436, itosobra, reshu143, fundoo101, shivanjali123, sukash, devj, antaeus
|
