travel after h1b transfer approved

Curran, Berger & Kludt

Immigration law

THINGS TO KNOW AFTER YOUR H-1B IS APPROVED

If you are the beneficiary of a recently approved H-1B petition, there are several important things you should know regarding visa issuance, validity, international travel, and more. Please review this material carefully. You should review all of this information after each H-1B approval. Later, you may jump ahead to certain sections.

You must have a valid visa stamp in your passport to return to the U.S., unless you are making a short trip to Canada or Mexico. Please contact our office before making travel plans .

You should be aware that no matter where you go to apply for your visa stamp, there is always a risk of administrative delays or security checks that could affect the processing time of your visa. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans.

For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/ 

It is critical that you check your I-94 entry online each time you travel:  https://i94.cbp.dhs.gov/I94/#/home  and provide a copy to our firm. If you do not do so, we cannot be responsible for tracking this information.

• H-1B status validity
• Employment authorization
• International travel
• Visa processing
• Port of Entry and I-94 Retrieval Information
• If you move or change your address
• Social security number
• H-1B extensions
• Permanent residence

H-1B STATUS

Your H-1B status is valid until the end validity date of your most recently issued I-94. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated.

If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice. You are not required to travel outside the U.S. and apply for an H-1B visa in order to “activate” your H-1B approval.

If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be “activated”.

EMPLOYMENT AUTHORIZATION

Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. This includes changes in work location, salary, and job duties. Some changes may require an amended H-1B petition.

Your dependents’ H-4 status is valid until the end validity date of their most recently issued I-94.

Your spouse and children  may not accept employment in the U.S. without separate authorization, since they are obtaining their H-4 status as the dependents of a temporary worker.

Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas:

• A copy of your H-1B approval notice
• Application Form DS-160, Nonimmigrant Visa Electronic Application
• Their machine-readable passports (valid for at least six months beyond your intended period of stay)
• Two color, passport-style photographs (each) if unable to upload photos to their DS-160

They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. For more information, please refer to the  U.S. Department of State website specifically designed for people seeking U.S. visas .

INTERNATIONAL TRAVEL

Please do not make plans to travel outside of the U.S. without contacting our office first.

You must have a valid visa stamp in your passport to return to the U.S., unless you are a Canadian citizen or are making a short trip to Canada or Mexico. Please contact our office before making travel plans.

If you already hold a valid H-1B visa stamp in your passport , we recommend that you take the following documents with you when you leave the U.S.:

• Copy of the I-797 approval notice for the H-1B petition*
• Evidence of maintenance of status if you were in the US, such as recent paystubs.
• Employment verification letter: please ask your employer (usually Human Resources or direct supervisor) for a short letter confirming your title and salary such as “I am writing to confirm that [NAME] has the position of [xxxx] at a salary of $xxxx.”
• Your machine-readable passport (valid for at least six months beyond your intended period of stay.)
• Valid non-immigrant visa stamp

You may also want to log onto our portal to get a copy of the H-1B petition package filed. The package contains the employer support letter – you can look at that to see how the job was presented to be ready for any questions at the interview. Some consular websites still ask for a copy of the forms (LCA or I-129) even though those are now available electronically to the consular officer – those forms are also part of the H-1B package.

A travel letter template for your employer to complete before you travel can be found  here.

If travel is required, advance planning and early visa application are critical. The Department of State has stated that applicants are advised when they apply that there is no time period within which administrative processing must be completed. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa.  Please contact our office prior to making irrevocable travel arrangements to discuss your plans .

* You do not need to present your original I-797 approval notice when you apply for entry into the U.S. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up your petition approval in the system. This number typically begins with LIN, SRC, EAC, WAC, or IOE. We recommend traveling with a copy of the I-129 (I-797A) approval notice, especially if you intend to request a consulate-issued visa.  The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. USCIS provides a copy of the I-129 petition directly to US consulates. Please also follow any specific instructions on the consular website about additional documents to bring to the interview.

As a general reminder, please be sure to double-check with your travel agent or airline about any transit visa(s) you may need for international flights, even quick stopovers.

VISA PROCESSING

If you are changing to a new employer and your extension of stay has been granted, you may continue to utilize the H-1B visa stamp in your passport for as long as it is valid.

If your change of status has been granted and you are traveling outside of the United States, or if your H-1B petition has been approved for consular notification, it will be necessary for you to apply at a U.S. Consulate for a new H-1B visa. At the Consulate, you will be required to present the following:

• Copy of the I-797 Approval Notice for the H-1B petition*
• Your machine-readable passport** (valid for at least six months beyond your intended period of stay)
• Two color, passport-style photographs (if unable to upload photos to your DS-160)

You may also be required to present copies of the H-1B petition documents and proof of your employment, such as a letter from your employer. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas .

You should be aware that no matter where you go to apply for your visa stamp, there is always the small risk of administrative delays or security checks that could affect the processing time of your visa. Typical administrative delays are 2-4 weeks, but some are much longer. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. 

For information and tips on filling out Form DS-160, please see this website . You will be required to upload a digital photograph. Please set aside time to complete this form. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. You can create additional DS-160 forms by clicking the option to create a family or group application when you reach the “Thank You” page. You can alter the auto-generated information to tailor it for your dependents.

We cannot complete the DS-160 for you, but we are happy to answer any questions.

There will be a visa fee of at least $190 for each machine-readable visa issued. A reciprocity fee may also be required. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. It is therefore difficult to predict how long the wait will be for each visa issuance. You can check visa-waiting times here , and you can  check consular procedures here .

Many applicants are eligible for an interview waiver ( please click here for information on Nonimmigrant Visa Interview Waivers ). Consulates generally use an online appointment system for visa applicants. It can take four to six weeks or longer for visa appointments. You can schedule your visa interview with your receipt number, beginning with 3 letters such as EAC or WAC, on your H-1B petition receipt.

During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States.

Consular officers are not supposed to re-adjudicate H-1B petitions that USCIS has already approved, unless the answers provided at the interview are very different from the information provided in the petition to USCIS. See  9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification .

In some cases, you can apply for your visa stamp in a third country such as Canada, or you can apply in your home country the next time you go home. Most clients do not have problems with their visa applications in Canada, especially if they graduated from a school in the U.S. or Canada and most of their work experience is from the U.S. or Canada.

You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. For example, if you are engaged in bio-engineering, describe the purpose of your work – renewable energy, for instance. This may help a consular office understand that your work does not have potential application for national security or terrorism.

While it may not be possible to avoid pointed questions about the applicant’s job duties, including questioning as to the availability of U.S. workers, applicants should consider the following strategies to reduce the likelihood of a refusal under 221(g):

• Applicants must be prepared to discuss the job offered and the specific skill set required to perform the job
• Applicants should be prepared to provide a succinct “elevator pitch” explanation to the consular officer about the position. The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer.
• Applicants should be prepared to explain how their position has a positive impact on the U.S. economy.
• Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. Published research and other works that are in the public domain should be included in the resume.
• Applicants working as consultants or at third-party locations should be prepared to provide a work itinerary, an explanation of the supervisory reporting structure, and other relevant information to document the employer/employee relationship with the petitioner.

After your appointment, you should be able to track the status of your application on this website: https://ceac.state.gov/CEAC/ . Here are some frequently asked questions about applying for visa stamps: https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview .

*You do not need to present your original I-797 approval notice at your visa interview. U.S. consulates and embassies are required to verify the approval of the H-1B petition by consulting the State Department’s Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals. Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa application was the beneficiary of a petition to change or extend nonimmigrant status. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval.

** Note that the name on your passport must match the name on your I-797 approval notice. Otherwise, the issuance of your visa may be delayed. If you have only one name, or if your name appears in one line in your passport, your full name goes into the surname field and “first name unknown” or “FNU” goes into the given name. We recommend obtaining a new passport with given and surnames if possible. The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term.

PORT OF ENTRY AND I-94 RETRIEVAL INFORMATION

You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. At the port of entry, you may request that your I-94 card be issued with an additional ten (10) days beyond the expiration date of the I-797 approval notice. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice.

You do not need to present your original I-797 approval notice when you apply for entry into the U.S. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays.

After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. Customs and Border Protection (CBP) has implemented an electronic I-94 system. Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. Please also be sure to email us a copy of the I-94 printout for your file. If there is an error,  check here for instructions on how to fix an I-94 card within the U.S.

Once you receive your visa, please forward a copy of the visa and I-94 card to our office. Please be sure to do the same for your dependent(s). Accurate I-94 records control your lawful status – they are very important. 

In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the U.S. at the end of your stay and proceed to your home country or another country. There are some exceptions to this rule. If your country is in agreement with the U.S., your passport is deemed valid for an additional six months past its expiration date so that you can return to your country of citizenship. The list of member countries is here.

The expiration date of your I-94 should match the expiration date on the H-1B approval notice. However, if your passport expires before the end date of your H-1B approval notice, you may not be admitted to the United States for the full-term of your visa and your I-94 will expire on the date your passport expires. If this happens, please contact us so we can discuss how to maintain and extend your status. If your passport is renewed within 30 days of your entry, then you may be able to present your passport to a Deferred Inspection unit to have a new I-94 issued. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue – don’t just walk in. After 30 days, it will have to be done through an extension with USCIS.

If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 will have the latest expiration date.

IF YOU MOVE OR CHANGE YOUR ADDRESS

In addition, you should be aware that USCIS requires all non-U.S. citizens to carry their I-94 cards at all times and to inform USCIS of any change of address. You can notify USCIS of any change of address online.

SOCIAL SECURITY NUMBER

You may begin work for an employer while your application for a Social Security Number (SSN) is pending. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. It takes approximately 10 business days from the time you enter the United States for your entry data to be entered into DHS systems and made available for verification purposes. You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. Note that if you depart the U.S. while your SSN application is pending, the system may indicate your departure and your application may be suspended. You may then have to reapply for an SSN upon your re-entry to the U.S. We therefore recommend that you remain in the U.S. until your Social Security card is issued.

H-1B EXTENSIONS

Be sure to keep evidence of time spent outside the U.S. so that you may recapture this time, should you need to file an extension of H-1B status beyond the six (6) year limit. Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc.

PERMANENT RESIDENCE

Please contact our office if you would like to initiate a permanent residence application. We recommend beginning the permanent residence application as early as possible so that you may be eligible to extend your H-1B status beyond the six (6) year limit.

If you have already applied for permanent residence and you are considering the use of your EAD/AP documents, please check  this article for more information about the benefits and drawbacks .

If you would like a hard copy of the H-1B petition and approval notice mailed to you, or you have any questions or concerns, please do not hesitate to contact the attorney or paralegal that handled your case. It is our pleasure to assist you in this matter.

Travel while H1B Pending (Extension, Transfer, Amendment, COS)

You can travel while H1B is pending with USCIS. H1B Change of Status is abandoned. Transfer, Amendment travel allowed. For re-entry, you need valid H1B.

H1B Travel when Application Pending with USCIS : Travelling while your H1B application is pending approval is risky.

We do not recommend traveling unless you have a real emergency to go out of the USA especially when the Amendment is pending.

We recommend upgrading your H1B application to premium and get approval within 15 days before traveling to be on the absolute safe side.

You can learn quickly by watching this short story about traveling while H1b is pending.

This article will discuss:

H1B Change of Status is Pending Risks

H1b extension is pending uscis decision, h1b amendment is pending result, h1b transfer is pending approval.

You can travel outside the US while H1B change of status is pending. 

The risk of travel is that USCIS will automatically abandon your Change of status request.

H1B Change of Status application status at the time of re-entry to USA:

#1 H1B COS APPROVED

You will have to get the hard copy of your approved H1B’s i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa.

This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA.

#2 Change of Status DENIED

If the H1B COS is denied while you are traveling, you can enter the USA only with any other visa you have.

#3 COS to H1B PENDING

You cannot enter using H1B status as the application is still pending. You need some other valid visa to enter the USA.

The underlying H1B application will be approved (if approved) with consular processing meaning that you will have to go to the US embassy to get H1B stamped in your passport and then re-enter the USA.

You can travel outside the USA during pending H1B extension. Make sure you have an existing H1B visa that is valid on the date of your re-entry to avoid trouble.

If your current H1B visa has already expired and you travel, you will NOT be able to enter the USA until your pending H1B extension is approved.

You can travel to India while H1B extension is in progress and visa is still valid for re-entry.

H1B extension status when you re-enter USA:

#1 H1B Extension APPROVED

You will have to get the hard copy of your approved H1B’s i797 and apply for an H1B visa at the US embassy before you can enter the USA with NEWLY approved H1B extended petition.

You can still enter using your OLD valid H1B (if any) but, your i94 will be restricted to old H1B’s expiry date.

This will be a problem as you will have to either file another H1B extension to get a new i94 or travel outside the USA again and get extended H1B stamped in your passport.

#2 Extension is DENIED

If the H1B extension is denied while you are traveling, you can only re-enter the USA if your existing H1B visa is still valid at the time of re-entry.

#3 PENDING Extension

You can still enter using your OLD valid H1B (if any) but, your i94 will be restricted to old H1B’s expiry date once it is approved.

You may not get a new i94 with approval.

You can travel internationally while your H1B amendment is still under process at USCIS but we recommend to NOT travel as re-entry risk is very high.

If your amendment status is approved, denied, or pending while you are outside the USA:

#1 APPROVED Amendment

You will need to get the new physical i797 approval shipped to you to re-enter the USA.

#2 H1B Amendment DENIED

You can re-enter the USA using existing H1B approval and stamp but will have to only work using the non-amended H1B.

#3 Amendment is PENDING

You can re-enter the USA using existing H1B approval and stamp but immigration officer will ask tough questions.

• You may be denied entry if you have already started working based on the H1B amendment receipt. This is a very high-risk situation.
• USCIS may not issue a new i94 once the amendment is approved as you exited the US.

If you want to enter the US to work with old approved H1B and old work location (not new location), then you are fine.

You should be able to enter the US without any issues.

Can I travel while my H1B transfer is pending: Yes, you can .

But, our suggestion is to avoid travel while H1B transfer is pending if you have already joined (started working) for a new employer-based on H1B receipt.

If you are still working with the current H1B employer and waiting for the H1B transfer result, you can travel.

Make sure your H1B stays valid at the time of your return to USA.

H1B transfer status when you re-enter USA:

#1 H1B Transfer is APPROVED

If you had already joined the new employer before leaving the USA, you are lucky. Get the H1B i797 hard copy mailed to you outside the USA and then get an H1B stamp using DS-160 in US Embassy.

• If you do not want to get an H1B stamp, you can still enter the USA using your old employer’s H1B stamp is still valid. 
• Show the approved H1B transfer i797 at the immigration counter at the port of entry to get i94 with the H1B transfer expiry date. 
• If the immigration officer entertains your request, you are good. 
• If not, your i94 will be restricted to old H1B’s expiry date.

This will be a problem as you will have to either file another H1B transfer to get a new i94 or travel outside the USA again and get transferred H1B stamped in your passport.

#2 Change of Employer Transfer DENIED

If the H1B application is denied while you are traveling, you can only re-enter the USA if your existing H1B visa is still valid at the time of re-entry.

If you have moved on to a new employer, based on receipt, your old employer would have already withdrawn your H1B approval.

You will NOT be able to enter the USA if its already revoked.

#3 H1B Transfer PENDING

High risk if you have already started working with a new employer on receipt.

The immigration officer may deny your entry as you do not have the approved H1B for your current new employer.

H1B Amendment 50 Mile Rule – Do Salary Increase, Promotion Require Change?

Chances of H1B Approval after Lottery (Denial, RFE Steps)

Can H1B Work from Home? Is a new LCA or Amendment Required?

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USCIS 240-Day Rule allows stay in US after i94 Expiry with H1B, H4, B1/B2 Extension?

H4 EAD Premium Processing – Not Available Until 2025 (Sad News)

H1B portability and travelling while an H-1B transfer petition is pending – Can I travel while my H-1B Petition is Pending?

Privacy Overview

U.S. immigration basics

Can i travel while my h-1b is pending.

By Annie Blay

Perhaps you’re considering leaving the U.S. while you wait for your H-1B petition to be approved. Or maybe you want to apply for an H-1B but first need to know if it’ll impact your ability to travel. 

The short answer is this: In most situations, you can travel internationally while your H-1B petition is pending. 

The challenge? You need a valid H-1B stamp to re-enter the country. If you don’t already have a stamp, you’ll have to go to a U.S. consulate abroad first before returning to the U.S. 

Getting an appointment at a U.S. consulate can sometimes be tricky, so a quick trip to Europe for a conference could easily turn into being stuck outside the U.S. indefinitely. 

Below we outline the most common situations immigrants with pending H-1Bs find themselves in and how they impact travel.

What is an H-1B visa?

An H-1B provides foreign nationals with employment authorization at a U.S. company. To qualify for H-1B employment, applicants are typically required to have a Bachelor’s degree and a job offer in a field related to their degree.

To apply for an H-1B visa, the sponsoring company needs to send the following documentation to U.S. Citizenship and Immigration Services ( USCIS ):

• Form I-129: an immigration form required for H-1B petitions
• Form I-907: an immigration form for requesting premium processing (optional) 
• An approved Labor Condition Application (LCA) from the U.S. Department of Homeland Security (DHS)
• Filing fees
• Supporting documentation

H-1B applicants who are married or who have children under 21 can include their qualifying family members as dependents in their H-1B petition. Upon approval of the H-1B, their dependents will receive H-4 status.

Traveling When You Have an H-1B Petition Pending with USCIS

Whether you are permitted to travel while you wait for USCIS to review your H-1B petition depends on the type of H-1B petition you filed. 

New H-1B Petition

If you leave the U.S. after filing an H-1B Change of Status (COS) petition, your COS will be considered abandoned and your petition will automatically be adjudicated as a Consular petition. This does not mean that your petition will be denied, but it does mean that you won’t be able to re-enter the U.S. on your new H-1B status without going to a U.S. consulate first.

• What is the difference between H-1B Change of Status and Consular processing?

When your sponsoring employer files a new H-1B petition, they can select COS or Consular processing. 

COS processing is only available when the beneficiary (you) is physically present in the U.S. on a valid status. When a COS petition is approved, your status is automatically changed to the new status—in this case, H-1B. 

Consular petitions are different because they require you to attend a visa interview at a U.S. consulate abroad before beginning work on your new status in the U.S.

If you file a COS petition and then leave the country, your status cannot automatically be changed upon approval of your visa since you do not have a status when outside the U.S.

• So, is it okay to travel with a pending COS petition?

Yes, you can leave the U.S. while your COS is pending as long as you know that your petition will effectively become a Consular petition. 

The result? You will only be able to enter the U.S. on your new status (H-1B) if you attend a visa interview at a consulate abroad first.  

Depending on where you’re trying to book your interview, the wait times can be anywhere between a few days and over a year. Be sure to research and contact local consulates ahead of time; otherwise, you may get stuck outside the U.S.

•   How do I know if my petition was filed with COS processing?

If you are unsure, check with your sponsoring employer or immigration team. 

H-1B Extension of Status Petition

You can travel in and out of the U.S. while an H-1B extension is pending if you have an unexpired H-1B stamp in your passport. 

When you re-enter the U.S., present your valid H-1B stamp from your old H-1B, as well as the receipt notice for your pending extension (or approval notice if your extension is approved). 

H-1B Change of Employer Petition

You can travel in and out of the U.S. while an H-1B change of employer petition is pending if you have an unexpired H-1B stamp in your passport. When you re-enter the U.S., you will need to present a copy of your Receipt Notice (I-797) for your pending H-1B change of employer. 

Related H-1B Travel Questions:

What documents do I need to present when re-entering the U.S. when I have a pending H-1B?

First, remember that you can only re-enter the U.S. on H-1B status if you have a valid H-1B stamp in your passport. Depending on your situation, this may mean you need to get your visa stamp at a U.S. consulate abroad before re-entering at a U.S. port of entry. 

At the U.S. port of entry, the CBP officer may ask you to present the following documents:

• A valid passport from your home country (with an expiration date of at least six months in the future)
• A valid H-1B visa stamp (in your current passport or in an expired passport)
• The I-797 receipt notice for your pending H-1B or a valid H-1B approval notice
• A letter from your sponsoring company confirming your employment (or job offer)
• 3+ recent pay stubs (if you are already employed in the U.S.)

Can I travel with an approved H-1B petition?

Yes, upon approval of your H-1B, you can travel in and out of the U.S. freely. 

Is H-1B travel to and from Canada treated the same as travel to other countries?

For the most part, travel to Canada is treated no differently than travel to other countries.

However, there are some circumstances in which travel to and from Canada may have different implications for U.S. visa holders. 

For example, under automatic revalidation , you can re-enter the U.S. with an expired visa stamp if you spent less than 30 days in Mexico or Canada. However, before you travel with an expired visa stamp, consult with an immigration attorney. 

Can my dependents on H-4 status travel internationally?

Yes, dependents on valid H-4 status can travel internationally. 

Can I travel with a pending Labor Condition Application (LCA)? 

Yes, you can travel while an LCA is pending for your H-1B.

Can I travel between U.S. states while my H-1B petition is pending?

Yes, you can travel between U.S. states while your H-1B petition is pending. Travel within the country has no impact on your pending petition.

Final thoughts

Are you a leader at a U.S. company interested in hiring foreign talent on H-1B visas? Or are you a current H-1B visa holder considering switching to a new visa type or pursuing permanent residency ? Legalpad brings together business immigration expertise and technology to make work visas and green cards easy. Connect with our team today to learn more.

About the author:

Content Marketing Specialist

Before joining the marketing team, Annie helped over 60 Legalpad clients navigate U.S. immigration on the client services team.

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Home  /  Immigration  /  Travel Resources  /  Travel and Pending H-1B Petitions

Travel and Pending H-1B Petitions

If you are being sponsored by Tufts University for H-1B employment, read below for important information for issues relating to travel while an H-1B application is pending. The information is divided between persons who are in the US in another status who need to change to H-1B status; and persons who are already in H-1B status and seeking to extend their status.

Changing to H-1B Status from Another Status

Tufts is allowed to submit H-1B petitions requesting H-1B status up to six months before the anticipated start of H-1B employment at Tufts.

For new employees, the H-1B start date is usually the first date of Tufts employment. However, if you are already working at Tufts under a different type of work authorization that is due to expire, the H-1B start date can be a specific date identified by you, your department, and the International Center. For example, if you are working at Tufts using F-1 post-completion Optional Practical Training (OPT), then your H-1B start date might be a date on or around the time your OPT benefit expires.

H-1B petitions can take 1-3 months to prepare internally. In addition, USCIS (US government) processing time under standard processing can take another 6+ months. If your status needs to be changed by a specific date in order for you to work lawfully for Tufts, the International Center will recommend to departments that they use premium processing service, which reduces US government processing times to around 30 days in most cases.

All immigration processing is subject to seasonal demand as well as unanticipated processing delays, so please note that offering a guaranteed result on a specific timetable is not possible.

If you are in the US in a different status (e.g., F-1 status, J-1 status) and are changing to H-1B status, you SHOULD NOT travel outside of the US once the H-1B application has been submitted to USCIS on your behalf .

If you leave the US while the application is in process with USCIS, then the change of status will be denied, and you may need to restart the process by remaining outside the US until that time you are able to get a new H-1B visa at a US consulate. Or, if you leave and return to the US during the change of status process, you will need to plan on departing the US again, applying for an H-1B visa, and re-entering with the new visa. This may cause significant delays to your H-1B start date as well as added and unanticipated travel costs.

If international travel is necessary, please consult with your International Center advisor and provide full travel details . Instead of doing a change of status, we will need to process your application for consular processing so that you can obtain an H-1B visa at a US consulate and return to the US in H-1B status.

If your change of status is approved, your status will change to H-1B status on the date of the H-1B approval.

However, the change of status approval is only to allow you to remain in the US in H-1B status. If you later travel internationally, you should plan enough time to go to a US consulate to apply for an H-1B visa. You will need a H-1B visa in order to return to the US following international travel. We recommend traveling only in consultation with your department and when there is enough time to accommodate possible consular processing delays and backlogs.

(Note: Canadian citizens are not required to obtain visas and may return in H-1B status with their H-1B approval notice and other documents.)

See our Travel Resource Center for more information about travel requirements.

If you are currently in another status and also have dependent family members (your legal spouse and/or unmarried minor children under 21 years of age), they will need to submit separate applications to change their status to H-4 status. For example, dependents in F-2 status would apply to change to H-4 status, at the same time Tufts submits a petition requesting a change in your status from F-1 to H-1B status.

H-4 dependents may accompany the H-1B employee as long as the employee is maintaining valid H-1B status and they meet the definition of dependent status. Please read more about the benefits and limitations of immigration status for H-4 dependents .

Changes to H-4 status are done through a separate application form, USCIS Form I-539 . The International Center is not authorized to complete Form I-539 for individual family members, although we will do a courtesy inspection to make sure the form is complete and is accompanied by the correct fees. You may complete the I-539 yourself, or rely on the services of an immigration attorney to complete the form for you. If you would like a referral to a local attorney, please contact your International Center advisor.

Please let your International Center advisor know that you have dependent family members, so that we can coordinate submission of both your H-1B petition and the I-539 petitions for your family to USCIS at the same time, which is generally advantageous.

Extension of H-1B Status (Current H-1B Employees)

Tufts can start an H-1B extension petition as early as six months prior to the start of the extension period. For example, if your current H-1B authorization expires on June 30, we can initiate the extension process as early as January 1, or six months before the expected extension start date of July 1.

While the International Center makes every effort to notify departments of upcoming expiration dates, any extension process must be initiated by the sponsoring department. Please talk to your department about your eligibility for an extension and about timing.

Extension petitions can take 2 to 3 months to prepare and an additional 6+ months for USCIS processing under standard processing, or one month (in most cases) with premium processing. Extensions must be submitted to USCIS no later than the last day of your current H-1B authorization. Once submitted, your work authorization will be extended temporarily for up to 240 days or until the extension petition is approved or denied.

If you need to travel internationally while the extension petition is in process, and certainly following the expiration of your current authorized period of employment, you must notify your International Center H-1B advisor responsible for managing your specific case.

You must be in the US when the H-1B extension petition is actually filed with USCIS. Once filed, you may continue to travel internationally and should be able to return with your existing H-1B visa and I-797 approval notice while the extension is still pending with USCIS.

If your extension is approved while you are outside the US , however, you should wait to return with a copy of your updated approval notice to ensure that you are granted admission for the entire period covered by your extension. You must also be sure that your H-1B entry visa is still valid. If your H-1B visa has or will expire, you will need to apply for a new H-1B visa at a US consulate in order to return. Please review our Travel Resource Center for more details.

If your change of status is approved, you may continue to remain in the US in your H-1B position. However, if you later travel internationally, you should plan enough time to go to a US consulate to apply for an H-1B visa, if your current visa has expired or will expire by the date of your anticipated return. We recommend traveling only in consultation with your department and when there is enough time to accommodate potential consular processing delays and backlogs.

H-4 dependents (including your legal spouse and/or unmarried minor children under 21) must apply separately for any extensions of their H-4 status. H-4 status eligibility is based on extension of your H-1B status.

Extensions of H-4 status are done through a separate application form, USCIS Form I-539 . The International Center is not authorized to complete Form I-539 for individual family members, although we will do a courtesy inspection to make sure the form is complete and is accompanied by the correct fees. You may complete the I-539 yourself, or rely on the services of an immigration attorney to complete the form for you. If you would like a referral to a local attorney, please contact your International Center advisor.

Please let your International Center advisor know that you have dependent family members, so that we can coordinate submission of both your H-1B petition and the I-539 petitions for your family to USCIS at the same time. In most cases it is advantageous for H-4 extension requests to be submitted alongside the University's I-129 extension petition for the H-1B employee.

Office of International Students & Scholars

Traveling in h-1b status, h-1b travel document checklist.

• Valid I-797 Approval Notice for Yale University
• Copy of all supporting documents issued to you in OISS Connect including the Beneficiary Copy of your petition (forms including the I-129 and the Labor Condition application, along with Support Letter and other petition documents)
• Copy of paystubs from Yale for the most recent three months
• If you were subject to the J-1/J-2 two-year home-residency requirement prior to obtaining H-1B, bring a copy of your Form I-612 Waiver Approval issued by USCIS.

International travel with H-1B status can be complicated. Below are some basic guidelines with which you should be familiar. However, it is recommended that you check with your adviser before you travel if you have any questions about your situation.

Please refer to the  Arriving in the U.S.: Immigration Inspection  page for a full list of all documents.

All international scholars/employees and family members planning to depart from the U.S. and return after a temporary absence must have a valid passport in order to exit the U.S. The passport must also be valid for a minimum of six months into the future at the time of re-entry to the U.S. Some countries have an agreement with the U.S. that automatically extends passport validity for 6 months , for U.S. entry purposes only. Please make sure to review the information in the Passport Expiration section below.

Except for Canadian citizens, all international scholars/employees and family members will also need to have a valid H-1B/H-4 visa stamp in their passport issued by a U.S. embassy or consulate abroad. Visa stamps cannot be obtained or renewed inside the U.S.

The only exception to this is the limited pilot program that the Department of State is running for the renewal of  certain H-1B visas .  You can find more information about this limited program on this page . The Department of State indicated that they plan to expand this program in the future and we will update our website as more information becomes available.

I-94 Record

H status holders are given a specific departure date on the I-94 and must depart the U.S. by this date. It is critical that you know and check this date upon every entry to the U.S. Check also an ink entry stamp with an annotation (the visa type and validity date) given in your passport upon entry. If the visa type and/or validity date do not match your H-1B approval notice, you must speak with your OISS adviser . Please also see the Passport Expiration and I-94 Validity sections below.

General Guidance for Traveling and Re-entering the U.S.

H-1B Travel Considerations

Change to h-1b status.

Scholars/employees are advised to not travel outside the U.S. during a pending change of status H-1B petition (e.g., those who are changing from an F-1/J-1/Other to H-1B), as international travel will complicate your work authorization eligibility/immigration status. If you have an unavoidable reason that requires you to leave the U.S., please consult with your OISS adviser before making your travel plans.

Extension of H-1B Status

If you must travel outside the U.S. during the H-1B extension process, you should speak to your OISS adviser as soon as possible before making your travel plans. Because your travel plans may affect your H-1B extension processing timing, you must coordinate closely with your OISS adviser.

• If you plan to return to the U.S. before the expiration of your current approved H-1B status and with a valid H-1B visa stamp, there may not be any difficulty.
• However, depending on when the H-1B extension petition is submitted to USCIS, your international travel plans may complicate your H-1B status; therefore it is highly recommended to travel with the extension approval. This may require premium processing .
• If you travel after the H-1B extension petition is approved but will return before the current H-1B petition expiration date, it is advisable to travel with both the current and new approval notices. If your H-1B visa stamp is valid on your reentry date, you may use it for admission.
• If you plan to leave the U.S. while the extension petition is still pending and your current H-1B status is expired, you cannot return to the U.S. until the extension petition is approved. The approval notice must be sent to you abroad. You also have to apply for a new H-1B visa stamp with a consulate or embassy before you can return to the U.S.
• After you have received the new H-1B extension approval notice, you may travel outside the U.S. once again. However, while outside the U.S., you will have to obtain a new H-1B visa stamp at a U.S. embassy or consulate. It is normally not possible to obtain visa stamps inside the U.S. and the only exception to this is the limited pilot program that the Department of State is running for the renewal of  certain H-1B visas .  You can find more information about this limited program on this page . 

Changing H-1B Employer to Yale

If you have any plans to travel outside the U.S. during the portable H-1B (changing employer) process, you should speak to your  OISS adviser  as soon as possible.

• If you plan to return to the U.S. before the expiration of your current approved H-1B petition with an old employer and with a valid H-1B visa stamp, there may not be any difficulty. However, if your return date to the U.S. is after your start date with Yale, you may have difficulty at a port of entry.
• Depending on when the portable petition is submitted to USCIS, your international travel plan may complicate your H-1B status with Yale; therefore it is highly recommended to travel with the portable H-1B approval. This may require premium processing .
• If you travel after the portable petition is approved and after your start date at Yale, you must travel with the new approval notice for the Yale appointment. If your H-1B visa stamp is valid on your reentry date, you may use it for admission, even if the visa stamp may have your old employer's name on it; however, make sure to present your Yale H-1B approval notice upon entry to obtain the correct H-1B status validity on your I-94. Check your I-94 validity and an ink entry stamp given in your passport as soon as possible upon your entry.
• If you plan to leave the U.S. while the portable petition is still pending and your current H-1B petition with the old employer is expired, you cannot return to the U.S. until the portable petition is approved. The approval notice must be sent to you abroad. You will also have to apply for a new H-1B visa stamp with a consulate or embassy before you can return to the U.S.
• After you have received the portable H-1B approval notice, you may travel outside the U.S. once again. However, while outside the U.S., you will have to obtain a new H-1B visa stamp at a U.S. embassy or consulate. It is normally not possible to obtain visa stamps inside the U.S. and the only exception to this is the limited pilot program that the Department of State is running for the renewal of  certain H-1B visas .  You can find more information about this limited program on this page .

Passport Expiration

If you or your H-4 dependents are traveling with a passport that will expire before your H approval end date, you will be admitted to the U.S. only for the duration that your passport is valid. This means that your I-94 and legal stay in the U.S. will end earlier than your H-1B approval end date. You will be required to renew your passport and may need to travel outside the U.S. again to be admitted for the full duration of your H approval. If you are in H-1B status and do not travel, Yale will be required to file an H-1B extension on your behalf. H-4 dependents who do not travel will need to file an extension of their H-4 status. It is your responsibility to communicate any status issues to your OISS adviser .

I-94 Validity

Please pay extra attention to your most recent I-94 record and make sure that you will not inadvertently lose H-1B status and work authorization . At the immigration officer's discretion, some H visa holders may be given a 10-day grace period reflecting on their I-94. The grace period is outside the approved H-1B petition period that allows you to work in the U.S. Do not confuse this with H-1B validity date mismatch and speak with your OISS adviser .

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Travel On H1B Visa While H1B Petition Is Pending:

Things you must know, introduction.

You are in the US, an H1B petition has been filed on your behalf and is pending, and you need to travel outside the US on a family emergency. What can you do? It is a common dilemma that many H1B workers find themselves in.

Let us examine when travel on H1B is safe while an H1B petition is pending, and the contexts when H1B travel outside the US can have an adverse effect on the H1B process.

A. Travel On H1B While An H1B Petition Is Pending

Foreign nationals in H1B status can travel outside the US and re-enter the United States as long as they have a valid H1B nonimmigrant visa stamp in their passport. Let’s examine the nuances of travel on H1B when an H1B petition is pending.

NOTE: It’s always safe to travel after H1B approval.

DID YOU KNOW? Canadian H1B holders are visa exempt and can travel as long their H1B petition validity dates have not expired.

1. Travel on H1B While H1B Extension of Stay or H1B Amendment Is Pending With The Same Employer

If an H1B petition to extend and/or amend H1B status with the same employer is pending with U.S. Citizenship & Immigration Services (USCIS), the H1B employee may be able to travel on H1B if:

a. He/she is traveling on an unexpired H1B visa

b. He/she is going to return to the US before the expiration of the current H1B approval notice.

Simply put, if the individual’s original H1B status has not expired, then H1B travel outside the US is generally allowed.

Act Now - free spots fill up fast!

2. Travel Outside The US When Beneficiary Does Not Have A Valid H1B Visa

If an H1B extension of stay petition has been filed and the employee does not have a valid H1B visa, he/she will be able to get an H1B visa stamp if travel abroad is undertaken and the underlying H1B petition is still valid.

If an H1B Amendment petition has been filed and the employee has already begun working pursuant to the terms of the amended petition, the employee cannot seek to obtain a new visa stamp until the amendment is approved. Travelling outside the US in this scenario is not recommended.

3. Travelling Outside The US While An H1B Change of Employer Petition Is Pending

If an H1B petition is filed for a Change of Employer and the H1B employee begins working for the new employer under AC21 H1B Portability , the H1B employee may be able to travel on H1B while the petition is pending if:

a. He/she is traveling on an unexpired H1B visa;

b. He/she was previously lawfully admitted and has maintained their H1B status; and

c. He/she is carrying the H1B Receipt Notice (I-797, Notice of Action) for the Change of Employer petition.

The H1B employee cannot travel outside the US, however, if he/she does not already have a valid H1B visa stamp in the passport. If the H1B employee travels out of the US and does not already have a valid visa stamp in the passport, he/she will need to wait for the H1B approval and then obtain the H1B visa stamp before being able to re-enter the US.

DID YOU KNOW? If an H1B Change of Employer petition is pending but the employee has decided to remain with his or her current employer, then travel outside the US is not an issue as long as the employee has a valid H1B approval notice and H1B visa stamp (or can obtain one before re-entering).

4. H1B Petition Is Adjudicated While The Employee Is Travelling Outside The US

If the H1B Extension of Stay petition or Change of Employer petition is adjudicated while the H1B employee is outside the US, he/she has several options:

My Case Scenario Elizabeth

Elizabeth is in the US in H1B status. She is working for XYZ, Inc. Her H1B status expires in 2 months and her employer has already filed an H1B Extension of Stay on her behalf. Elizabeth needs to go out of the country on urgent business. She has a valid H1B visa stamp in her passport. Can she travel outside the US?

Yes, Elizabeth will be able to travel on H1B visa and re-enter the US with the previously issued H1B visa stamp and H1B approval notice. Once she re-enters and after the H1B petition is approved, her status will be extended. If the H1B extension of stay petition is approved while she is abroad, her employer should send her the approval notice. She can then use the new approval notice and existing visa stamp to re-enter the U.S. CBP should give her an I-94 that matches the expiration date of the new approval notice.

B. Travel Outside The US While H1B Change Of Status Is Pending

Foreign nationals in valid nonimmigrant status may have an employer file an H1B Change of Status petition on their behalf. Lets examine the various scenarios when a need to travel outside the US arises while the Change of Status petition is pending.

1. Travel Outside The US When H1B Change Of Status Petition Is Pending

Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied.

The beneficiary may only return to the US in their previous nonimmigrant status (if still valid or applicable) or the beneficiary must wait until the H1B petition is approved so that he/she can obtain an H1B visa stamp with which to re-enter the US.

DID YOU KNOW? If a Beneficiary travels outside the US while an H1B Change of Status is pending, USCIS may inadvertently approve the change of status. Beneficiaries who returned to the US in the previously held nonimmigrant status should not rely on this approval. In order to activate the H1B, the beneficiary must leave the US and obtain an H1B visa stamp and re-enter or the employer must file a new Change of Status/Amendment petition.

2. Travelling Outside The US When H1B Change Of Status Petition Is Approved With A Future Start Date

If an H1B Beneficiary is travelling outside the US after an H1B petition is approved with a future start date but is re-entering the US before the validity of the H1B begins , the foreign national may enter the US in the previously held nonimmigrant status. The foreign national’s nonimmigrant status will then change to H1B as of the date of the H1B validity start date.

IMPORTANT If an H1B Beneficiary undertakes a travel outside the US after an H1B petition is approved with a future start date but is re-entering the US after the validity of the H1B begins in another nonimmigrant status, the H1B Change of Status is effectively abandoned.

Elizabeth was in H4 status and an H1B Change of Status petition was filed on her behalf. While the H1B Change of Status was pending, she traveled outside the US. The H1B was approved when she was abroad. What effect does that have on her H1B? What were her options to return to the US?

When Elizabeth left the US while the H1B Change of Status was pending, the request for Change of Status was abandoned. Elizabeth would have had 2 options to re-enter the US:

• Obtain an H1B Visa stamp at the US Consulate once the H1B was approved and travel on H1B visa to re-enter the US in H1B status.
• Return to the US with a valid H4 visa to resume her H4 status. With this option, once the H1B was approved, she would have to leave the US again to obtain an H1B visa and re-enter OR her employer would have file a new H1B petition to change her status.

Travelling outside the US while an H1B petition is pending has numerous pitfalls and can be risky unless the employee is armed with the accurate information, and proper precautions are taken before undertaking the H1B travel outside the US.

If you have any queries about travel on H1B visa, or travel outside the US while an H1B petition is pending, or need assistance filing for a US visa or Green Card, contact VisaPro for a FREE Immigration Lawyer Consultation .

We’ll talk through your priorities and recommend strategies based on our attorneys’ near 100% success rate.

What VisaPro Customers Are Saying

Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. They were very helpful in all phases of the H-1B visa process and they got it right the first time. I have tried other Visa services, but VisaPro is the best by far. VisaPro is the only way to go!"

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Ultimate Guide to H1B Transfer: Change Your Employer

7 months ago

The H-1B program addresses the needs of employers looking to hire nonimmigrant aliens for specialized roles or as distinguished fashion models. A specialty occupation, in this context, pertains to jobs demanding a high degree of specialized expertise, necessitating at least a bachelor’s degree or its equivalent. The primary goal of the H-1B provisions is to aid employers who struggle to source essential business skills and talents from the domestic workforce.

This is achieved by permitting the temporary employment of qualified individuals who wouldn't otherwise have authorization to work within the United States. To ensure fairness, the law sets specific criteria. Its dual purpose is to safeguard U.S. workers in similar roles from negative impacts arising from the employment of nonimmigrant workers and to secure the rights of H-1B nonimmigrant workers themselves.

Employers are required to provide an attestation to the Department of Labor, pledging that they will compensate H-1B nonimmigrant workers with wages at least equal to those paid to other workers with similar qualifications and experience for the same role. This compensation should also be in line with the prevailing wage for that particular occupation within the intended employment region.

What is the H-1B Visa Category?

The H-1B visa category stands as a time-limited (nonimmigrant) classification designed to empower employers in seeking out exceptionally educated foreign professionals. These professionals are then employed within "specialty occupations" that necessitate, at the very minimum, a bachelor’s degree or its equivalent.

A diverse range of fields, including but not limited to mathematics, engineering, technology, and medical sciences, often fall under this classification. The initial validity period for an H-1B visa spans three years, extendable to a maximum of six years.

Ensuring Fair Hiring Practices

Before an employer embarks on the journey to submit a petition with the United States Citizenship and Immigration Services (USCIS), they must adopt measures to ensure that the employment of a foreign worker does not negatively impact domestic U.S. workers. This journey begins with the employer's attestation on a labor condition application (LCA), a document certified by the Department of Labor (DOL).

This attestation asserts that the employment of the H-1B worker will uphold the wages and working conditions for U.S. workers in similar positions. Moreover, employers must make it a practice to notify existing workers about their intent to bring an H-1B worker on board.

Numerical Limits and Educational Enhancements

The inception of the H-1B visa category traces back to 1990. Over the years, the U.S. Congress has imposed limitations on the number of H-1B visas available annually. At present, the yearly statutory cap is set at 65,000 visas.

However, there exists an additional allocation of 20,000 visas, exclusively catering to foreign professionals who complete their master’s or doctorate degrees from esteemed U.S. institutions of higher learning. As of Fiscal Year FY 2023, the cap for H-1B visas was reached on August 23, 2022.

Defining H1B Portability or H1B Transfer

H1B Transfer, often referred to as H1B portability, emerges as a valuable avenue for H1B visa holders who aspire to reshape their career trajectory. This provision empowers these visa holders to transition their employment scenario with remarkable ease. To embark on the journey of H1B transfer, a pivotal step involves individuals who currently possess a valid H1B visa embracing a fresh role under a new employer. This transition serves as the catalyst that sets in motion the intricate yet rewarding transfer process.

Qualifications for H1B Visa Transfer

Delving into the realm of H1B visa transfer necessitates meeting specific eligibility benchmarks.

• Valid H1-B Visa: At the point of application, the candidate desiring the transfer must possess an active H1-B visa.
• Availability for Transition: The applicant should be prepared to commence work on the designated day highlighted in the transfer application submitted to the USCIS. The chosen working date can seamlessly align with the day the new employer officially receives the USCIS approval acknowledgment.
• Documenting Employment Proof: Evidentiary documentation substantiating current employment emerges as a crucial requirement. Among the various forms of evidence, paystubs are accorded the highest credibility in demonstrating employment continuity. In cases where paystubs aren't available, the USCIS also extends recognition to an employer-generated letter or even a notice detailing a leave of absence, serving as secondary proof.
• Navigating Employment Gaps: Situations may arise where the applicant encounters an interim employment gap, necessitating a cessation of duties at their prior workplace before embarking on responsibilities at the new setting. In such instances, pursuing premium processing for the H1B portability application is advised, ensuring smoother progression.

Guided Counsel for the H1B Portability 

Throughout the voyage of the H1B portability application process, inquiries about eligibility and documentation may surface. During these junctures, seeking guidance is paramount.

Opting for the counsel of an experienced attorney ensures a comprehensive understanding and adept navigation of your status as a prospective H1B portability applicant. This step proves invaluable in charting your course toward a seamless and successful transition, safeguarding your professional aspirations.

Process of H1B Transfer or H1B Portability

When it comes to the H1B visa transfer process, you'll find it closely resembles the initial H1B application procedure. Nevertheless, there's a key distinction. Unlike the H1B visa application procedure, which operates through a lottery system and has a cap of 65,000 visas, these factors do not impact the H1B transfer process. Let's delve into the steps involved in this transfer process with an easy-to-follow rundown:

Step #1 - Initiating the Transfer: The journey begins when a new employer extends a job offer to the H1B visa holder. The transfer process hinges on this offer, as it signifies a genuine employment opportunity.

Step #2 - Filing for Labor Condition Application (LCA): Much like the H1B application process , the new employer must file an LCA with the Department of Labor. This vital step ensures that the H1B employee is fairly compensated according to the prevailing wage and safeguards against unfair treatment.

Step #3 - Submitting Form i-129 to the USCIS: With the LCA approval in hand, the process moves to the U.S. Citizenship and Immigration Services (USCIS). Here, the new employer submits Form i-129, which seeks permission to hire a foreign employee. Upon submission, the USCIS initiates the approval process. A receipt number is provided to the employer, enabling the H1B visa holder to commence work at the new job location. Processing continues until the USCIS decides on the H1B transfer application.

Step #4 - Fulfilling Financial Obligations: When hiring a new employee under the H1B system, the employer is required to cover various processing fees, including:

• i-129 processing fee
• Premium Processing fee (if applicable)
• Fees Related to Public Law
• Fees for Fraud Prevention and Detection
• Fees associated with the 1998 Act of American Competitiveness and Workforce Improvement

Step #5 -   Document Submission by the H1B Holder : Once the necessary fees are settled, the H1B beneficiary needs to provide specific documents to the USCIS, including:

• An updated CV
• Offer letter from the new employer
• Educational credentials
• Proof of previous payments (two to three recent ones)
• Valid passport
• Original i94 form
• Social Security Card
• Proof of filed tax returns (if applicable)
• Current H1B visa stamp
• Original i797 form

State licenses or credentials for specialized professions, such as those in the medical field

All these documents must be submitted to the USCIS, which takes them through the H1B portability processing. The sole condition for initiating an H1B transfer from the beneficiary's side is the validity of the H1B visa. If the visa has expired, the process requires initiating an H1B visa application, and the transfer becomes unfeasible.

Status Check for H1B portability or transfer

Once all the necessary paperwork has been meticulously completed, the individual petitioning for the transfer – whether an employer, representative, or lawyer – will receive a notification of receipt.

This confirmation, furnished by the USCIS, will arrive as an email and contain the unique receipt number. With this step accomplished, the beneficiary is now poised to embark on their new journey of employment. Monitoring the progress of the transfer process is made easy – the USCIS website allows for online tracking of the case status.

Unveiling USCIS Case Status

Upon the culmination of the processing period, the USCIS will unveil one of several possible statuses:

• Status of Transfer
• Notice of Approval
• 'Intent to Deny' Notice
• Notice initiating an investigation for potential misrepresentation or fraud
• Navigating the H1B Transfer Fees
• Notice of Denial
• Request for Evidence (RFE)

The financial aspect of the H1B transfer process entails several considerations. All compulsory H1B transfer fees are assumed by the sponsoring employer.

A notable distinction from the H1B application process is the absence of a registration fee. The total transfer fees can vary significantly based on individual circumstances, encompassing expenses like attorney fees. Typically, employers could be responsible for disbursing any amount between USD 1,710 and USD 6,460.

Timeframe of H1B Transfer Processing

The temporal aspect of H1B transfer processing is subject to variation contingent on the selected method. Standard processing can span anywhere from one to four months. Alternatively, applicants have the option to expedite their processing through Premium Processing, albeit at a higher cost. This route guarantees a decision within fifteen working days – slightly over two weeks. Such expediency enables swift determination of one's readiness to commence work with the new employer.

Eligibility Criteria for Visa Transfer

The USCIS has laid out specific scenarios that serve as guidance points to evaluate an applicant's eligibility for visa transfer. These scenarios comprise:

• First-time Visitors: Applicants who have never set foot in the United States and are presently residing outside the country.
• Prompt Transfer: Transfer application shortly after entering the US.
• International Transfer: Application for transfer while outside the US after a span of work within the country.
• Approved i-140: Applicants with an approved i-140.
• Current US Workers: Applicants already employed in the US seeking transfer.

It is of paramount importance that the applicant has steadfastly maintained their visa status, a consistent practice that significantly contributes to the approval of the H1B transfer.  

Understanding H1B Transfer's Impact on Spouses and Children

When it comes to H1B transfer, what does it mean for dependent spouses and minor children? This article delves into the implications of H1B transfer for families, providing insights that shed light on this crucial topic.

Dependents with an Approved H1B Visa

An approved H1B visa brings forth an opportunity for primary beneficiaries to extend their family's presence to the United States. For spouses and unmarried children under 21, the H-4 visa serves as the gateway to admission. This family-oriented visa echoes the terms of the primary H1-B visa, encompassing validity and duration of stay.

Notably, the authorization for employment granted to an H-4 holder aligns its validity with the H1B visa, contingent on the primary beneficiary possessing an approved I-140. However, it's important to note that if the primary applicant undergoes a status transfer or if the i-140 is invalidated, the renewal of H-4 EAD demands the approval of a new i-140.

Cap-Specific Transfers

The journey through the H1B landscape introduces two distinctive types of employers: cap-subject and cap-exempt. One intriguing belief is that entering the U.S. under a cap-exempt employer paves the way for a subsequent transfer to a cap-subject employer, bypassing the lottery procedure.

A crucial reminder surfaces in this context – if following this route, the new employer must initiate the filing of a new i-129. Given the cap-subject nature of this transition, the application finds itself processed within the framework of cap-subject considerations .

Federal Register's Recent Rule

Recent strides have been taken in the H1B transfer process, as evidenced by the newest rule in the Federal Register. The alterations introduced by this rule are multifaceted, but one noteworthy change involves the liberty for H1B holders to switch employers within the same occupational sphere sans the necessity of an H1B transfer application.

Furthermore, an additional layer enters the equation – the completion of the i-485 supplement J form. This form stands as a testament, affirming the maintenance of one's visa status and thus eligibility for the H1B transfer.

H1B Transfer Versus Extension

Embarking on the journey of comprehending H1B intricacies, it's essential to discern between H1B transfer and extension. These processes bear a semblance to the original H1B visa application and revolve around the proactive stance of the employer. The pivotal role of the employer in ushering forth these transitions becomes evident in their initiation and meticulous facilitation.

H1B transfer breathes life into a unique trajectory, offering individuals with valid H1B visas the option to realign their sponsorship under the umbrella of a new employer. This shift materializes as a response to a new job offer, opening a door to fresh opportunities and experiences.

Legal Stay and Extensions

As an H1B visa holder, you are bestowed with a legal stay period spanning three years within the United States. As this cycle approaches its conclusion, a pivotal moment arises – intimating your employer about the imminent expiration of your H visa. This proclamation serves as a precursor to seeking an extension, potentially extending your stay for an additional three years.

Why Does Transfer Petition Get Denied?

When it comes to the USCIS potentially denying your H1B portability petition, a multitude of factors might come into play. However, it's crucial to note that denials and rejections are not the predominant outcomes. In most cases, an RFE, or a Request for Information, is the preliminary action taken by the USCIS.

This RFE doesn't signify a definitive denial or rejection; rather, it signals that the USCIS lacks sufficient documentation to process your request effectively. RFEs can vary based on the specifics of each case, yet there are generally four distinct types you could encounter:

Specialty Occupation Candidature

In this scenario, the burden lies on the employee to demonstrate their eligibility through higher education or substantial training in a specialized role.

Scrutiny of Educational Credentials

Should the USCIS feel unsatisfied with the evidence of your credentials, you may be required to furnish additional substantiation, such as certificates or diplomas.

Financial Capacity Assessment

For successful H1B employment, the sponsoring employer must substantiate their financial capability to sustain, employ, and adequately compensate the H1B employee.

Establishing the Employer-Employee Relationship

This pivotal point necessitates evidence from both the employer and the employee, affirming the legitimacy of the job offer. While the possibility of H1B transfer denials exists, the USCIS consistently ensures transparency by providing a clear rationale for the denial. Armed with this insight into denial reasons, you have the opportunity to rectify and reapply, potentially utilizing the premium processing route for an expedited response.

Common Causes for H1B Transfer Denials

Fee Payment Oversights or Errors : The dynamic nature of USCIS fees demands vigilance on the applicant's part. Staying informed and accurate about the applicable fees is vital. Instances of incomplete fee payments or neglecting to include fees in the application can inadvertently lead to H1B transfer denial.

Insufficient Proof of Petitioner's Legitimacy : Establishing the sponsor employer's identity as a valid US employer equipped to engage an H1B candidate in specialized roles requires comprehensive documentation. Failure to provide sufficient evidence here could potentially result in a denial or rejection.

• Delivery Mishaps : Careless selection of delivery methods is a common pitfall. Relying on inaccurate delivery options has led to numerous H1B transfer rejections. Precise information regarding official delivery methods, such as bonded delivery agents and designated USCIS centers, is readily accessible to applicants. Notably, hand-delivering the H1B transfer petition is not an acceptable option; it must be channeled through official bonded delivery services like USPS, UPS, or FedEx.
• Past Violations or Irregularities : Any indication of prior law violations by the applicant or beneficiary could spell trouble. Failing to maintain proper visa status, meet the required qualifications for H1B status, or have evidence of any criminal activity while in the US could culminate in outright denial.

Deciphering the Distinction: Rejection vs. Denial

When every application finds its way to the USCIS office, it embarks on a meticulous journey of assessment. Diligent officers meticulously examine the submission, ensuring the presence of substantial evidence and comprehensive documentation to validate each eligibility criterion. In instances where certain components are found to be incomplete or absent, an official communication of rejection might find its way to your mailbox.

As the evaluation progresses, a more profound level of scrutiny comes into play, encompassing both the applicant and the sponsor. This phase necessitates the provision of supplementary documentation to fortify the case. However, a significant shortcoming in the form of inadequate documentation or insufficient substantiation can steer the course toward a denial.

In the realm of visa options, H1B visa portability shines as an exceptional boon for its holders. This unique provision sets it apart from other visas, presenting a seamless pathway for holders to transition to new employers within a mere span of weeks. To ensure a smooth transition, adhering to the correct protocols and assembling the requisite documentation is key.

A prudent strategy often involves maintaining your affiliation with your current employer until a favorable decision regarding your H1B transfer application is secured.

It's important to acknowledge that a rejection shouldn't serve as an endpoint, but rather a crossroads where alternative avenues come into play. Whether contemplating a fresh application or opting for an appeal, a plethora of choices await your exploration. At this juncture, enlisting the expertise of a seasoned professional is highly recommended to yield optimal outcomes.

The H1B visa category stands as a realm of unparalleled advantages, eclipsing other visa categories. Yet, precision in execution holds paramount importance. Attaining success in this realm requires meticulous attention to detail. Embracing its potential while ensuring accurate adherence to requisites is crucial.

For those embarking on H1B journeys, TechFetch H1B stands as a reservoir of comprehensive knowledge. This expansive repository offers a wealth of information to cater to your inquiries, helping you traverse the intricate domain of H1B visas with confidence.

• Can Multiple Employers Collaborate for One Employee's H1B Transfer?

Unlocking the potential of H1-B visas, there's an interesting scenario to consider. Imagine working part-time for various employers while embarking on an H1B transfer journey. Yes, this is indeed plausible. If each employer meets the H1B visa and transfer eligibility requirements, you can smoothly transition from one sponsorship to another, embracing new opportunities without limitations.

How Often Can I Apply for H1B Transfer?

Picture a world without limits. When it comes to applying for H1B transfer, such a world exists. You have the flexibility to submit multiple applications within a month or even a year.

This unique portability sets the H1B visa apart, empowering you to explore diverse career avenues without hindrance. Unlike some visa categories like the L1 visa, the H1B offers you the freedom to move and reshape your professional path.

• Should my current employer be intimated about an H1B transfer to a new employer?

The decision lies in your hands. When it comes to H1B transfers, there's no strict mandate to notify your present employer. It's your choice whether to share details about your employment and visa status with colleagues or superiors. This discretion grants you the freedom to manage your transition in a way that aligns with your personal preferences and professional goals.

• What are my options if I have received a Notice of Denial on my H1B transfer application?

Encountering a denial isn't the end of the road. It's a new crossroad where strategic decisions come into play. Examine the grounds mentioned in your Notice of Denial to chart your next move. You can opt to refile with a new i-129, fortified by stronger supporting evidence for the areas that fell short.

Another avenue is the possibility of appealing the H1B transfer denial. To navigate these waters effectively, consider seeking counsel from a qualified attorney. They can offer you the right insights and guide you through the appeal process, especially if there are intricate clauses in your Denial Letter.

• Will I have to stop working if my H1B transfer is denied?

The path forward after a denial hinges on the specific circumstances. Some scenarios permit you to commence work with the new employer upon receiving the USCIS notice of receipt. However, prudence might dictate waiting until you secure a positive response on your H1B transfer. In the event of a denial, work activities should halt promptly. If your H1B status remains active, you have options—appeal the denial, reapply for transfer, or revert to your previous employer.

• Do I have to leave the US immediately after the H1B transfer denial?

After an H1B transfer denial, your continued stay in the U.S. relies on factors such as your H1B visa status and the expiration date on your I-94 card. If time permits, exploring new employment avenues is feasible. However, straying beyond your visa's validity isn't advisable. Engaging in unauthorized activities could have severe repercussions on your prospects in the United States.

• Can I start working for the new employer immediately after filing the transfer?

Yes, you can begin working for your new employer as soon as the H1B transfer petition is filed with USCIS. This process is known as "portability." However, there are a few important factors to consider. Your intended position with the new employer must be in a similar or related field to your previous H1B position, and you must not have been unlawfully employed since your last admission to the U.S.

• Is premium processing available for H1B transfers?

Yes, premium processing is available for H1B transfer petitions. This expedited service ensures that USCIS will review the petition within 15 calendar days of receiving the premium processing request. It's important to note that even with premium processing, USCIS might issue a Request for Evidence (RFE), which could extend the processing time.

• Can I transfer my H1B if my current employment has ended but my visa is still valid?

Yes, you can transfer your H1B even if your current employment has ended, as long as your H1B visa is still valid. The new employer will file a petition for your H1B transfer and once approved, you can begin working for them.

• What happens if my H1B transfer is denied?

If your H1B transfer is denied, you will need to stop working for the new employer immediately. Depending on your situation, you might have the option to explore other visa options, such as changing to a different visa status or leaving the U.S.

• Can I transfer my H1B to multiple employers simultaneously?

No, you cannot transfer your H1B to multiple employers simultaneously. Each H1B transfer requires a separate petition, and you can only work for the employer associated with the approved petition.

Is there a minimum salary requirement for the new job during the H1B transfer?

Yes, there is a prevailing wage requirement for H1B positions, which ensures that H1B employees are paid fairly and competitively. The new employer must offer you a salary that meets or exceeds the prevailing wage for your occupation and location.

Will changing my employer affect my green card application?

Changing your employer could potentially impact your green card application depending on the stage of the process. If your green card application is based on employer sponsorship (PERM), changing employers might require starting the process anew.

• Can I switch jobs while my green card application is pending?

Yes, you can switch jobs while your green card application is pending, provided that the new job is in the same or a similar occupational classification as the job listed in your original green card petition.

• How long does the H1B transfer process usually take?

The H1B transfer process typically takes several months, but the exact timeline can vary. Regular processing can take anywhere from a few months to over six months. Premium processing, as mentioned earlier, expedites the process to 15 calendar days.

• Can I apply for an H1B transfer if I have a pending H1B extension with my current employer?

Yes, you can apply for an H1B transfer even if you have a pending H1B extension with your current employer. The two processes are separate, and the pending extension should not affect the transfer application.

• Can I transfer my H1B while I am on OPT (Optional Practical Training)?

Yes, you can transfer your H1B while you are on OPT. However, it's recommended to consult with an immigration attorney to ensure a smooth transition from OPT to H1B status.

• What is the "bridge petition," and how does it relate to H1B transfer?

The "bridge petition" refers to an H1B petition filed by a new employer while your current H1B status is still valid. This allows you to seamlessly transition from one employer to another without a gap in employment.

• Is there a cap or quota for H1B transfers each year?

No, there is no specific cap or quota for H1B transfers. H1B transfers are not subject to the annual H1B visa cap, which applies to new H1B petitions.

• Can my spouse work while my H1B transfer is in process?

Yes, your spouse can continue to work under their H4 EAD (Employment Authorization Document) while your H1B transfer is in process. However, if your H1B transfer is denied, your work authorization could be impacted.

• What are the common mistakes to avoid during the H1B transfer process?

Some common mistakes to avoid during the H1B transfer process include submitting incomplete or inaccurate documentation, failing to maintain status during the transfer, and not responding promptly to Requests for Evidence (RFEs) if they are issued.

• Can my new employer start the H1B transfer process if I haven't joined them yet?

Yes, your new employer can initiate the H1B transfer process even if you haven't officially joined them yet. The process can begin as long as you have accepted the offer of employment.

• How do I prove "specialty occupation" in the new job role?

To prove that the new job qualifies as a "specialty occupation," you will need to provide evidence that the position requires specialized knowledge and a bachelor's degree or higher in a related field. This can include job descriptions, educational requirements, and industry standards.

• Will changing my employer impact my Social Security benefits?

Changing your employer should not directly impact your Social Security benefits. However, you should ensure that your new employer accurately reports your earnings to the Social Security Administration.

• Can I change my employer multiple times on the same H1B visa?

Yes, you can change your employer multiple times on the same H1B visa, as long as each employer files a separate H1B petition for you.

• What is the "portability" feature, and how does it affect H1B transfers?

The "portability" feature allows H1B holders to change employers and begin working for the new employer as soon as the H1B transfer petition is filed, even before it is approved. This feature provides flexibility and continuity of employment during the transfer process.

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Travel while an h-1b petition is pending.

Whether or not you may travel internationally while your H-1B petition is pending depends on a variety of factors:

• You must not travel outside of the U.S. while the petition is pending. Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned. Your underlying H-1B petition may still be approved, but you would have to depart the U.S. and apply for an H-1B visa abroad to re-enter the U.S. in H-1B status before you could start your H-1B employment.
• Once USCIS approves your change of status petition, you may travel internationally. Your H-1B status will take effect on the date that was requested.
• While travel, as outlined above, is permissible, you may encounter difficulties when re-entering the U.S. or when applying for a visa for your current status. Therefore, we recommend that you do not travel internationally from the moment your department starts the H-1B process with our office until your H-1B status takes effect.
• Please note that you must be in the U.S. when the H-1B petition is filed with USCIS.
• You must alert the International Center of any travel plans while your H-1B extension is pending with USCIS.
• If you re-entered the US on the basis of your old Approval Notice, you would only be admitted until the expiration date of the old H-1B Approval Notice and you would likely have to travel again to have this corrected.
• If you must travel while your extension is pending and your H-1B status has expired, you will need to remain outside of the U.S. until your H-1B petition is approved. Your case may be converted to premium processing to accelerate the adjudication process.
• If you are changing employers, you may travel while the U-M H-1B petition is pending. However, travel during this period is not recommended as you will need a valid H-1B Approval Notice and visa to re-enter the US. If you have a valid H-1B approval from your previous employer you may use that in conjunction with your U-M H-1B petition and Receipt Notice. Should your previous employer have withdrawn its H-1B petition - which is likely - you cannot use your previous H-1B approval. Therefore, it is strongly recommended that you do not travel internationally during this period as you may not be able to return until your U-M H-1B petition has been approved .

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Travel on H-1B Visa

Travel during the visa request process.

Always discuss your travel plans with the International Scholars Operations (ISO) team before traveling internationally and before any petition is filed with U.S. Citizenship and Immigration Services (USCIS) on your behalf.

Changes of Status

If you are in the U.S. and attempting to change your status to H-1B, or if your dependents are applying for a change of status to H-4, do not travel outside the U.S. while the petition is pending with USCIS. USCIS may say that you have abandoned the petition and deny your change of status. In this situation, you would have to exit the U.S., apply for a new H-1B visa stamp, and reenter as outlined in Coming to the U.S. page .

Extensions of Status and Changes of Employer

You can travel internationally and reenter the U.S. while your H-1B status is being extended or transferred from one employer to another, provided you have a valid I-797 Approval Notice and a valid H-1B visa (unless visa-exempt or eligible for automatic visa revalidation). If your current H-1B expires before you return, you may have to wait until the H-1B extension is approved to reenter.

Returning to the U.S. after a Temporary Absence

When returning to the U.S. after a temporary absence, be prepared to show the following to the Customs and Border Protection officer:

• Original and unexpired Form I-797 Approval Notice.
• Passport valid for at least 6 months beyond the end date of your expected stay.
• Letter from your UW host department confirming you are returning to continue full-time employment in the job described in the I-129 petition.
• These were forwarded to you by your host department. If you cannot locate them, contact ISO .
• Note: If the visa has expired, it may be extended by presenting the documents listed above to a U.S. consulate . Anticipate delays due to security reviews. For information about the visa process and to schedule an interview appointment, contact the U.S. consulate in the city where the application will be submitted.

Short Travel to Canada or Mexico under Automatic Visa Revalidation

A valid H-1B visa stamp (or H-4 visa stamp) is not required for reentry to the U.S. following a visit of less than 30 days in Canada or Mexico, as long as you have a valid H-1B approval notice. This is called automatic visa revalidation. However, if you apply for a new visa while in Canada or Mexico, you will not be able to return to the U.S. unless the visa is granted.

Automatic visa revalidation is not available to nationals of countries on the State Sponsors of Terrorism list .

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H1B Visa Transfer - The Complete Guide

The H1B visa transfer process offers an opportunity for current H1B visa holders to change employers. Processes apply only to current visa holders, and are not subject to the annual 65,000 cap (which normally limits the number of visas approved in the United States). 10 min read updated on February 02, 2023

When applying for an H1B transfer (also known as the H1B COE), it’s important to understand your chance of success. In 2021, the rate of denial for H1B Transfer applications was only 17%.  

Can You Transfer an H1B Visa to a New Employer?

Yes, it is possible to transfer an H1B visa to a new employer, and without permission from the former employer.  

The new employer must file a Labor Certification Application with the Department of Labour. Then they can file for a new H1B petition on behalf of the employee to complete the transfer. The new employer must file the new petition and submit a USCIS petition letter prior to the expiry of the current H1B visa. 

The new employer should present certain supporting documents to the United States Citizenship and Immigration Services (USCIS), such as:

• An employment offer letter including the employment start date
• A copy of the applicant’s degree and other applicable educational supports
• An updated resume

This guide will help H1B changing employers and will help you determine the best course of action going forward so you can maximize your chances of being successful. Consider hiring an experienced work visa attorney to teach you the ins and outs of the H1B transfer process.

Process of H1B Visa Transfer (step by step)

The process of H1B visa transfer includes the following steps.

• Filing a  Labour Condition Application
• Submitting the necessary documents
• Sending a USCIS petition letter

Here’s what the H1B transfer process encompasses step by step.

Step 1: Submit Form G-28

For a successful submission, the employer's immigration attorney needs to submit Form G-28 with an official signature from the new employer and detailed information in all sections of said form. 

This will allow representation of a client by the concerned H1B lawyer with regard to various cases at the United States Department of Homeland Security.

Step 2: Get an employment offer

You’ll then need to get a job offer letter from the new employer that you’re transferring your H1B visa to. The USCIS will deny the transfer without an official job offer that proves eventual employment status.

Step 3: File a Labor Condition Application with the Department of Labor

Employers must apply to receive the Labor Condition Application (LCA) by filling out Form ETA9035E. This is one of many H1B transfer requirements to hire foreign workers and guarantees fair treatment of individuals traveling from abroad for work and fair compensation during their tenure. 

The LCA is also an official agreement outlining that the new employer is, in fact, allowed to hire foreign workers. Once the Department of Labor approves the application, employers and applicants may continue the H1B visa transfer process. 

Step 4: File Form I-129

Filing  Form I-129 (Petition for a Nonimmigrant Worker) is an important step in the process, because it permits the new employer to hire foreign workers. The USCIS will either approve or deny the form (see their page  here ).

During processing, the new employer and prospective employee receive confirmation numbers. Once the USCIS approves Form I-129, they will send Form I-797 for completion, which shows that the employee can legally work in the United States, as well as Form I-9 (Employment Eligibility Verification).

Step 5: Employer-paid fees

The new employer must pay the following applicable fees.

Step 6: Submit required documents

The new employer must submit several necessary documents for the visa to be successful, which we’ll go over in the next section.

Documents for an H1B Visa Transfer

Submit copies of the following  documents for H1B transfer to the USCIS processing center:

• Employment offer letter
• Current H1B visa
• Social Security Card
• Degree or educational certificates 
• Recent pay stubs
• Tax returns
• Applicable federal or state professional licenses

During the process of H1B transfer, you or your new employer are not required to file the DS-160 form, as you’ve already been through the H1B visa process before. Just ensure that the current H1B visa is valid, as this is a requirement for the transfer. If your current H1B visa expires, you’ll need to restart the entire process from the beginning .

H1B Visa Holder Documents for Transfer

Here are some tips regarding each required document that the H1B principal visa holder has to submit for transfer.

US Employer Documents for Transfer

US Employers must submit the following supporting documents as part of the transfer process to substantiate the legitimacy of both the business and the role. It also helps show that the company is in good legal standing with the United States government. 

• Company financial statements
• Annual reports
• A business plan
• Job details, including the length of the position and salary, as well as the responsibilities and description 

Required Documentation for Spouse and Minor (H-4 Visa)

The H-4 visa is for spouses and unmarried children under 21 entering the United States at the same time as the worker and visa holder.

Spouses and children will submit the following documentation:

• A receipt of application fee
• An interview appointment letter
• A passport and two passport-sized photographs
• A marriage certificate or birth certificate 
• A copy of the worker’s H1B visa application 
• A copy of the worker’s Form I-129 (Petition for a Nonimmigrant Worker)
• A copy of the worker’s passport
• A copy of the worker’s letter of employment

Using the H-4 visa has many benefits, including:

• The ability to study in the United States
• Entry into the country without having to go through lengthier processes
• Free travel in and outside of the United States
• Obtaining an employment authorization document to work in the United States

H1B Transfer Premium Processing

An H1B visa holder can use premium processing to speed up the transfer process and request that the USCIS provide a decision within 15 calendar days. 

Premium processing is only available to those with an approved H1B visa since the cap no longer applies. The cap limits successful H1B visa applicants to 65,000 annually. 

It’s important to recognize that premium processing does not guarantee approval of the visa. It simply expedites the process.

H1B Transfer Timeline

The H1B processing time is approximately 1 to 4 months. However, a processing time can vary based on the processing center and method. You can pay a premium processing fee to speed up the processing time and receive a decision from the USCIS within 15 calendar days. 

Note that incomplete applications or ones with errors can delay decision making. It’s best to ensure your H1B visa application is complete at the time of submission. Consider hiring an H1B visa immigration attorney to ensure the highest chances of success in your application. 

Learn more about checking your  H1B visa status . 

H1B Transfer Cost

The total H1B visa transfer cost is between $1,710 to $6,460. This cost can vary depending on the type of employer applying.

Additional costs will apply if your employer hires a lawyer. On average, H1B attorney visa costs can be $2,500. However, depending on the law firm, this number will increase or decrease. 

H1B Visa Transfer Fee (USCIS)

Below is breakdown of H1B transfer fees paid to the USCIS.

H1B Visa Attorney Fee

The cost of an H1B visa attorney is approximately $2,500. You’ll likely find it beneficial to hire an H1B work attorney to ensure proper application completion. Attorney fees are also generally covered by the employer, not the foreign employee.

How will an H1B lawyer help you?

• They ensure accuracy and compliance for H1B visa applications or transfer applications. 
• They’ll help you manage your expectations since the lawyer is well-versed in the process.
• They help with other aspects of the H1B process, including conducting the initial H1B registration, following up on H1B visa lottery results, obtaining an accurate and in depth description of jobs and salaries, completing the petition, managing required supporting documents, and responding to any USCIS requests. 

Working with an attorney is an investment for your future and can streamline the process. 

H1B Transfer Cost to Employer

The total H1B visa costs for employers is between $1,710 to $6,460 . Employers must pay all H1B visa transfer fees, except the premium processing fee, an optional fee. Foreign workers will need to pay the premium processing fee if they’d like to receive a quicker decision from the USCIS.

H1B Visa Extension

The H1B visa is valid for a total of 6 years with an H1B visa extension.  

The initial period of stay is 3 years. You can request an extension of an additional 3 years afterwards. An  H1B extension processing time takes 15 days.

After a worker completes 6 years in the United States, which includes the 3-year extension, they may be eligible to renew their H1B visa status. The best part? Renewals are not cap-subject.

The  H1B renewal processing time can take up to 8 months to complete. Applicants do have the option to pay for premium processing, which will speed up a decision to 15 calendar days.

Visa holders should also be aware of  H1B visa stamping (also referred to as dropbox), available to those looking to renew their visas. This process involves getting a visa stamp on your passport, so you don’t have to attend an in-person interview. In this regard, a visa stamp is important.

Check out more information on  H1B dropbox eligibility . 

Reasons for H1B Transfer Denial

Here are some possible reasons the USCIS denied your H1B transfer.  

• Your employer could not meet the requirements of the visa.  Employers must meet certain standards and submit completing supplementary documentation. If they don’t follow the guidelines outlined by the USCIS, it can impact a foreign worker’s chance to obtain an H1B visa. 
• The USCIS did not receive proof of the relationship between the employer and the employee. This generally means that the employer failed to submit an official job offer as part of the application, or did not provide sufficient proof of an employer and employee relationship.
• The employer could not pay a fair salary. One of the application’s requirements is to provide a fair and equitable salary, comparable to the similar positions according to labor standards regulations. Not meeting salary requirements can cause the application to be automatically denied.
• The employee could not prove that the job offered is a specialty occupation. One crucial requirement for approval is being able to show evidence that a foreign worker can provide knowledge for a specialized field of work. This proof generally includes a job description, resume, and experience letter from previous employers.
• The employer did not pay the correct fees. All employers must pay respective fees for approval (not including the premium processing fee, paid by the applicant).

If you need help with the H1B transfer process and navigating immigration law in general, you can  post a new job on UpCounsel to get legal help . We work with the top 5% of lawyers, who come from prestigious law schools like Harvard Law and Yale Law, having worked with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

UpCounsel also provides comprehensive information on other types of visas and processes, such as the  H1B to green card process and answers questions such as ‘ Can I start business on H1B? ’.

FAQs about H1B Visa Transfer

When will i get my h1b receipt number.

You’ll receive a USCIS receipt number around 1 to 3 weeks by email. 

Can I transfer an Academic H1B to Industry H1B?

H1B transfer guidelines do not allow individuals to switch directly from academia to industry positions. Instead, you’ll have to re-enter through the lottery.

Can I do a H1B transfer after my I-94 expires?

You can file for an H1B visa transfer, even after I-94 expires. 

Do I need permission from my previous employer?

No, you don’t need permission from your previous employer to seek an H1B transfer. 

Can I work for two employers on an H1B?

Yes, an H1B visa holder may work for more than one employer. However, foreign workers must submit a  concurrent H1B application. 

Can I change employers after the H1B lottery?

Foreign workers can change employers after the H1B visa lottery by going through the transfer process. 

When can I start working after the H1B transfer?

You can start working immediately after obtaining a successful H1B transfer decision. 

How many times can you do a H1B Transfer?

There’s no limit on the number of times you can transfer your H1B visa. 

How do you know if a H1B transfer is approved?

Both the employer and the employee will receive a USCIS receipt number during the transfer process. Both parties can use this number to check if the USCIS approves or denies the H1B transfer.

Can I have my H1B transfer without a visa stamp?

Yes, it’s possible to have your H1B transfer without an  H1B visa stamp, but only if the USCIS approved the transfer alongside the I-94 number.

If you need help with H1B Visa Transfer, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb

Hire the top business lawyers and save up to 60% on legal fees

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Home » Visas » H Visa » Transfer FAQ

H1 Visa Transfer FAQ

All h-1b faqs.

Q:  Can a person with an H1 visa transfer/change jobs? A:  Yes. The new employer must file a H-1B visa petition.

Q:  Before I apply for an H1 transfer with my 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 an H1 transfer.

Q: Once I get an H1 transfer, is there any time limit to join the 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 to how many times I can apply for an H1 transfer? A:  No. You can apply as many times as you want.

Q:  Can I apply for an H1 transfer for multiple employers at the same time? A:  Yes.

Q:  I have an H1 visa stamp from my old employer. Now I have received an H1 approval for a new employer. Do I need to get an H1 visa stamped in my passport for my new employer? A:  There is a difference between the H1 status and the H1 visa stamp. The H1 visa stamp is used only to enter into the United States. H1 status is required to work in the U.S. for the petitioning employer. 

If you have received H1 approval for the new employer (or even receipt of H1 filing for new employer), you can work in the U.S. on H1 legally for the new employer. 

If you travel outside the U.S., 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 the H1 petition from your new employer to travel back into the U.S. 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 the United States again.

Q: I have been working with employer X on an H1B and applied for an 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 your current employer as if you never filed an H1 transfer.

Q:  For an H1 transfer, how many pay stubs are required from the previous employer? A: The 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, but I have a great offer now. Can I quit? After all, bonds are not valid in the U.S., 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 are 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’s 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 an H1b transfer before October without pay stubs from the first employer. All you need is a confirmation of your H1b approval. This can be done outside the U.S. as well as while in the U.S.

Q:  I am currently in the U.S. on an 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 the U.S., there have been a couple instances of USCIS approving the transfers in the past. However, it is not a guaranteed approval, and there are huge risks associated with it. USCIS is cracking down on benching situations. For all practical purposes, if you are on an H1b, you need to be getting paid and need the paystubs for an H1b transfer.

Q:  Can an 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 the cap. If you have proof of prior approval (like the copy of I-797 or a receipt number), a new employer can transfer the H1b even if you have not entered into the USA.

Q: I am employed by Company A on an 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 I-797 approval, your last few pay stubs, Company B receipt, pay stubs from B, and get a transfer approved to Company C. It is legal and possible as long as you are in valid status. In order to get a bridged H1B approved, it must qualify as an extension of stay. Therefore, each link in the bridge must be approved in order for an H1B transfer filed later to be approved. If the person’s H1B status expires while the various H1B petitions are pending, any denial of one in the string of H1B extensions will break the bridge and the later case/s will not be approved as H1B extension/s of status.

Q: If successive H-1B portability petitions can be filed, what happens if an alien’s nonimmigrant status expires while the H-1B portability petitions are pending, and a petition in the “bridge” is denied? A: As stated above, to be approved, every H-1B portability petition must separately meet the requirements for H-1B classification and for an extension of stay. In the event the alien’s nonimmigrant status has expired while the petitions are pending, the denial of any filing in the string of extension of stay and/or change of status filings undercuts the “bridge” that “carried” any petition filed after the expiration of any approved status, which will result in the denial of the successive requests to extend or change status.

Q: I have an 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 the U.S. using that H1 visa stamp to search for a new employer by doing an H1 transfer? A:  No.

Q:  Is H1 transfer subject to cap? A:  No.

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• Immigration

Can You Transfer Approved H1B Before Stamping?

This guide explains how to transfer an approved h1b visa before stamping, offering insights into eligibility, the application process, and benefits. it emphasizes flexibility, the possibility of approval without stamping, and considerations like employment continuity and documentation accuracy. the process allows changing employers while maintaining h1b status, without affecting the h1b cap..

Key Takeaways:

• H1B visa allows professionals to work in the U.S.; transferring before stamping is possible before entry.
• H1B transfer needs filing new petition, documentation; grants flexibility in employment and bypasses travel requirements.
• Consider gaps in employment, accurate documentation, specialty occupation requirement, and employer compliance when transferring H1B visa.

Navigating the H1B Visa Transfer Process Before Stamping: A Comprehensive Guide

In the intricate maze of U.S. immigration policies, the H1B visa stands out as a beacon for professionals worldwide, offering them a gateway to working in the United States. However, the journey from approval to actual employment can be fraught with questions and uncertainties, especially when it comes to transferring an approved H1B visa before stamping. This guide aims to demystify the process, providing clear, actionable insights into the H1B transfer mechanism and what it entails before visa stamping.

Can an Approved H1B Be Transferred Before Stamping?

The simple answer is yes. The process, known as an H1B transfer, allows H1B visa holders or approved applicants to change their employer while maintaining their H1B status. Notably, this can be done before engaging in the visa stamping process, which is traditionally seen as the final step before entering the United States.

Understanding the H1B Transfer Process

The H1B transfer process is fundamentally different from the initial H1B application. Here’s what it entails:

• Eligibility : To be eligible for an H1B transfer, you must have a valid H1B petition with the United States Citizenship and Immigration Services (USCIS), even if you have not yet had your visa stamped.

Filing a New Petition : The prospective employer must file a new H1B petition on your behalf. It’s crucial to note that this does not count against the annual H1B cap, as you’ve already been counted in a previous cycle.

Documentation and Fees : The new employer will need to furnish similar documentation as required for the initial H1B application, along with necessary fees. This includes proof of employment offer, labor condition application (LCA), and your qualifications.

The Advantages of H1B Transfer Before Stamping

Transferring your H1B before stamping offers several benefits:

Also of Interest:

H-1b visa approved by uscis here’s what consular officers can do, 221g letter explained: must-submit h-1b docs for h-4 visa applicants.

• Flexibility : It allows you to switch employers if a better opportunity arises, without going through the lottery process again.

No Stamping Required for Approval : The transfer can be approved without needing the H1B stamping, as the USCIS’s approval suffices to commence or continue employment.

Bypassing Travel Requirements : Since the transfer process can occur before stamping, it’s possible to initiate and complete this process without leaving your current country of residence.

Key Considerations

While the process offers flexibility, there are critical factors to consider:

• Employment Gaps : Ensure there are no significant gaps between employment with the old and new employer. USCIS prefers a seamless transition.

Documentation : Accurate and complete documentation is crucial. Any discrepancies can lead to delays or rejection.

Legality and Compliance : The new job offer must be in a specialty occupation, and the employer must be willing to comply with the H1B visa regulations, including wage requirements.

For those seeking more detailed information about the H1B visa process and regulations, the official USCIS website offers a treasure trove of authoritative resources.

Final Thoughts

The ability to transfer an approved H1B visa before stamping is a valuable aspect of the U.S. immigration system, providing professionals with greater flexibility and opportunity. However, navigating this process requires careful consideration, accurate documentation, and compliance with all immigration laws. By understanding the nuances of the H1B transfer process, applicants can smoothly transition between employment opportunities, making the most of their H1B status.

This Article In A Nutshell:

H1B Visa transfers before stamping offer flexibility for professionals. Process involves filing a new petition, no cap constraints, and doesn’t require stamping for approval. Essential considerations include continuous employment, accurate documentation, and employer compliance. Understanding these nuances can aid in smoother transitions while making the most of H1B status. — By VisaVerge.com

Understanding H-1B Transfer & Employee Start Dates : Explore how H-1B transfers work, including when employees can begin working for their new employer.

Switching Employers with Pending I-140: Job Change Options and H-1B Visa Transfer : Navigate your options for switching employers with a pending I-140, including insights on job change and H-1B visa transfers.

Transferring Your H-1B Visa to a New Employer : A comprehensive guide on the process and requirements for transferring your H-1B visa to a different employer.

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Travel After Change-of-Status Approval with Future Start Date

In 2004, the U.S. Citizenship and Immigration Services ( USCIS ) confirmed the continued validity of an approved change-of-status petition with a future beginning date when an individual travels abroad after such approval but reenters the United States before the future beginning date is reached. This explanation has been valuable, particularly for cap-subject H1B petitions , which typically request a future start date.

How Does the Last-Action Rule Apply During International Travel? | Change-of-Status Approval

The fundamental inquiry presented to the USCIS in 2004 was, “What occurs if the USCIS has approved one’s status and petition with a future beginning date and, thereafter, the individual travels outside of the United States, reentering in the present (unchanged) status before the future beginning date?” That’s what we know, for one who has gotten, for instance, an H1B petition approval with a change of status, and who stays in the U.S. until the H1B start date , that individual’s status would change as of the date listed on the H1B approval notice . So, the question is whether the intervening international travel changes the equation. Under the “last-action rule” where the last action of the USCIS governs one’s status.

Example: Filing a COS from F-1 to H1B with a Future Start Date

The question presented to the USCIS expects that one is in F-1 status and an employer is filing for a change of status to H1B. With a beginning date six months after the time of filing. So, moving the example to right now, on 1st May 2022, the employer filed an H1B petition with a 1st October 2022 beginning date. The case is approved on 23rd August 2022 , with a change of status from F-1 to H1B . The I-94 reflecting the change of status is attached to the approval notice. The individual’s F-1 and optional practical training (OPT) are valid. So the beneficiary decides to travel outside the United States on 25th August 2022 . Getting back to the U.S. on the F-1 on 6th September 2022 , almost a month prior to the H1B start date of 1st October 2022.

So, the inquiry presented is whether, after the international travel, the previously-approved change of status from F-1 to H1B. With an effective date of 1st October 2022 , is still valid. Or is the last action considered to be the F-1 admission reflected on the I-94 created at the U.S. port of entry on 6th September 2022 .

USCIS Reasoning of “Later in Time” Governs

The USCIS expressed that the change of status would produce results consequently. On the effective date of the H1B petition/change-of-status approval notice of the action of 1st October 2022, in this example. The intervening admission to the U.S. does not override this later effective date. The “last action” rule doesn’t change this reality because the last action that has been taken is the effective date of the H1B petition and change of status approval. Although the I-94 card reflecting the H1B change predates the latest I-94 update entered electronically. At the port of entry, the change of status to H1B doesn’t become effective until 1st October 2022 . After the individual’s entry into the United States.

USCIS Letter Guidance Applied

This analysis was given by the USCIS as a letter of direction. Such guidance doesn’t carry the binding force of law or regulation. However, the USCIS has commonly applied the analysis contained in the letter starting around 2004 .

[ How EB-5 concurrent filing will let investors live, work, and study in the US ]

Distinguish from travel while change of status pending.

This guidance should not be confused with the rule that an individual travels abroad . While a change of status is pending abandons the request for the change of status. In the inquiry represented, the petition and the change of status had been approved . Before the individual withdrew from the U.S. While the example utilized was a change from F-1 to H1B , there are different situations in which a similar logic applies.

The 2004 Hernandez letter stays helpful and relevant even after many years. While it would be preferable to give this guidance in a more formal matter (e.g., adding this to the USCIS Policy Manual ). At least the letter provides a measure of confidence for foreign nationals . Who has to travel before the start date of an approved H1B petition goes into effect?

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H1B Transfer: Balancing Career & Immigration

by Astrid Chang on Oct 26, 2023 12:00:00 AM

Updated by Elora Chow

Are you a new member of this year’s H1B workforce? You're more than just a worker; you're a talent on the rise! Soon, as your skills sharpen, it is only natural to yearn for better roles and higher pay. Yet, you may wonder: Will a career move risk my legal status or future green card application? Can I find and convince employers to support an H1B transfer and back my immigration journey? While these might not be pressing issues for you at the moment, it is always good to stay informed ahead of time.

Table of Contents

The Duration of H1B and Career Evolution

The Legal Basis and Reality of H1B Transfers

Hesitations in Changing Jobs and Employers' Concerns

Finding H1B-Friendly Employers

Convincing Your Prospective Employer for an H1B Transfer

Q&A Session

Final Thoughts

1. The Duration of H1B and Career Evolution

The H1B visa typically lasts for six years. Given the dynamic nature of careers and personal growth, it's unrealistic to expect one to remain in the same position with the same employer for that entire duration.

In January 2022, the U.S. Bureau of Labor Statistics reported that on average, workers stayed with their current jobs for about 4.1 years. The number tends to be lower with younger people. Those aged 25 to 34 had a median tenure of only 2.8 years, which means, it is almost inevitable for H1B visa holders to change employers at some point during their six years.

There are several common reasons for switching employers for H1B workers:

Career Advancement: Over time, professionals naturally seek roles that offer more responsibility, leadership opportunities, and a chance to make a more significant impact. Staying with one employer might limit growth potential, especially if there's a lack of upward mobility within the company.

Career Change: Some H1B workers might discover new passions or areas of interest during their tenure in the U.S. This could lead them to pursue entirely different career paths, necessitating a change in employer to align with their new goals.

External Factors: Economic downturns, company restructurings, or other unforeseen circumstances can lead to layoffs. H1B workers, like their counterparts, are not immune to such corporate decisions. In 2022 alone, there were more than 93,000 jobs slashed from public and private tech companies in the U.S. Behind those jobs, many were H1B workers. They were forced to reenter the job market and find new employers to continue their journey in the U.S.

*What should you do if you can't land a job within the grace period? We have an article for you. Read it, save it, and prepare for a rainy day…

Cultural Fit and Work Environment: Just like local employees, over time, some H1B visa holders might feel that they'd thrive in a different company culture or work environment, prompting them to seek new employers that align more closely with their values and work preferences.

Family Considerations: A lot can change over six years. Individuals who were fresh graduates when they first received their H1B might now be spouses or parents. Family obligations could necessitate relocation, leading to a change in employers.

2. The Legal Basis and Reality of H1B Transfers

The H1B visa offers the advantage of transferring your status from one employer to another. The American Competitiveness in the 21st Century Act (AC21) has simplified the transfer process, allowing H1B holders to start working for a new employer as soon as the petition is filed, provided certain requirements are met. Filing for a transfer is essentially filing a new H1B petition. However, this petition doesn't require re-entry into the H1B lottery, as you've already been counted in that year’s visa cap.

If you are trying to change employer before your H1B was approved and stamped, when the initial employer learns of a transfer petition filed on your behalf, they could withdraw their approved petition. Then, you will lose your H1B for good. However, once your H1B is approved, you do not need your current employer’s support to transfer your H1B.

As mentioned before, in 2022, the tech sector has seen significant layoffs, pushing many H-1B visa holders to find new employment within a constrained 60-day window or face deportation. Fortunately, over 90% of these laid-off H-1B visa holders have successfully secured new positions within the required time frame. Interestingly, compared to native workers, these immigrants found work 10 days faster, often relocating states for new opportunities.

If you're worried about changing employers as an H1B holder, don't be. Many before you have accomplished that without negative consequences.

3. Hesitations in Changing Jobs and Employers' Concerns

H1B holders often hesitate to switch jobs due to the complexity of the transfer process, potential legal implications, and job security concerns. Employers, on the other hand, may be wary of the associated costs, legal risks, and intricacies of the H1B transfer process.

As an H1B worker, you must grasp the H1B transfer process, even if you don’t care to be a “legal expert”. Having this knowledge and understanding of your prospective employers' reservations can not only ease your nerves but also give you an advantage during negotiations.

First and foremost, if you are an H1B worker, you're likely aware that not all companies in the U.S. are welcoming and supportive of foreign workers. Identifying employers who are not only open to sponsoring H1B transfers but also backing your future green card application is half the battle in achieving your long-term goal of building a life in the U.S.

Here's how you can find out if your dream company is a good fit for a foreign worker:

Company's Careers Page

Many companies that sponsor H1B visas will mention it on their careers or jobs page. Look for statements like "H1B sponsorship available" or "Visa sponsorship provided."

Direct Inquiry

The most straightforward approach is to directly ask the employer or the HR representative, either during the interview process or before applying. You might be surprised how many foreign workers overlook the effectiveness of this method or shy away from asking the very questions that matter most to immigrants.

Online Databases

Websites like myvisajobs.com and h1binfo.org provide information on employers who have previously sponsored H1B visas. While this doesn't guarantee they will sponsor a transfer, it indicates they are familiar with the process.

Connect with current or former employees of the company, especially if they are H1B holders. They can provide insights into the company's stance on H1B transfers.

Industry Trends

Certain industries, like tech and healthcare, have a higher propensity to sponsor H1B visas, as well as H1B transfers. Almost all big tech companies and Desi consultant companies are foreign worker-friendly.

Consult with an Immigration Attorney

If you're serious about transferring and have potential employers in mind, consulting with an immigration attorney can provide clarity. They might have insights into which companies are more amenable to H1B transfers.

Glassdoor and Similar Platforms

Some platforms allow employees to leave reviews about their companies. Occasionally, these reviews might mention the company's stance on H1B transfers.

Many companies that are generally open to sponsoring H1B visas might not accept H1B transfers. It might seem surprising, but here's why: If you're a recent graduate working under OPT authorization, you essentially cost the employer just a $10 H1B registration fee, allowing them to evaluate your work before committing further. If they recognize your potential, they might proceed with the H1B filing once you're selected.

However, for H1B transfer candidates, employers face a dilemma. They can't evaluate your performance without first investing thousands of dollars in the transfer process. Essentially, there's no probationary period for H1B transfers since you can't work for the new employer until the transfer is approved.

If you're unable to demonstrate your value upfront, it's understandable for an employer to be hesitant about making this significant H1B 'down payment' on your behalf.

Here are some tips to help you persuade potential employers to accept your H1B transfer request:

Highlight Your Unique Skills

Emphasize the specialized knowledge or abilities you offer.

Showcase Past Achievements

Present evidence of your contributions to past employers.

Understand the Process

Familiarize yourself with the H1B transfer process.

Offer to Cover Transfer Costs

Propose to pay some or all H1B transfer costs.

Seek Testimonials

Obtain endorsements from past employers or colleagues.

Transfer Process Explained:

4. Q&A Session

Q: What is the H1B transfer process in simple words?

Here's a step-by-step breakdown of the process:

Job Offer: Receive a job offer from a U.S. employer willing to sponsor your H1B visa.

Labor Condition Application (LCA): The new employer must file an LCA with the U.S. Department of Labor (DOL). This application ensures that the employer will pay the prevailing wage for the position in the geographic area where the job is located.

Form I-129 Petition: Once the LCA is approved, the employer will file a new H1B petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS). This is not a new H1B visa application but a petition for transferring the H1B visa from the old employer to the new one.

Submit Required Documents: Along with Form I-129, the employer needs to submit various documents, including the approved LCA, job offer letter, a copy of the foreign worker's passport, prior H1B approval notices, and any other relevant documents.

Start Working After Receipt: Once the H1B transfer petition is filed with USCIS, the H1B visa holder can start working for the new employer immediately after receiving the receipt notice. This is due to the portability provisions of the American Competitiveness in the 21st Century Act.

USCIS Decision: USCIS will then process the petition and make a decision. If approved, the H1B visa holder can continue working for the new employer. If denied, the worker might need to stop working for the new employer and may need to take corrective actions based on the reasons for denial.

Note: The H1B transfer does not extend the maximum six-year duration of the H1B visa. If the visa is nearing its expiration, the new employer will need to file for an extension.

Q: What is the cost of an H1B Transfer?

The cost of an H1B transfer typically involves several fees, which are usually borne by the sponsoring employer. These can include:

The base filing fee for the I-129 petition.

American Competitiveness and Workforce Improvement Act (ACWIA) fee, which varies based on the size of the company.

Fraud Prevention and Detection fee.

Public Law 114-113 fee for companies with over 50 employees where over 50% are on H1B or L1 status.

Attorney fees if the company uses an immigration lawyer.

Premium Processing fee (optional / apx $2500) if the employer wants a faster decision.

Q: How long does the H1B Transfer process take?

Regular Processing: from 2 to 6 months.

Premium Processing: USCIS guarantees a response within 15 calendar days. This response could be an approval, a denial, or a request for additional evidence (RFE).

Request for Evidence (RFE): If USCIS requires additional information or documentation, they might issue an RFE. Responding to an RFE can extend the processing time, depending on how long it takes to gather the required information and how quickly USCIS processes it once received.

Q: How does switching jobs under H1B affect someone's green card employment-based application? If your I-140 (Green Card application) is approved, switching jobs can have implications. Before the I-140 EAD Rule, there was no official grace period post-job loss. Now, there's a 60-day grace period to search for a job and apply for a new H1B petition. Even after 60 days, you can stay, but USCIS might approve the new H1B petition without an I-94. With an approved I-140, you can have unlimited H-1B extensions, but it's advisable to file a new I-140 with your new employer for safety.

Q: Can I switch jobs right after the H1B lottery? Yes, you can change jobs after the H1B lottery. However, if your original employer revokes the H1B visa before October 1st, you'll have to undergo a new lottery process.

Q: Is stamping mandatory after an H1B Transfer? No, stamping isn't mandatory after an H1B transfer. However, if you travel outside the U.S., you'll need to get the visa stamped upon re-entry.

Q: If an H1B worker transfers to a new company, do their H4 dependents need to file or change any documents?

Normally No . However, there are some considerations to keep in mind:

H4 Extension or Change of Status: If the H1B worker's new employer files an H1B transfer petition along with an extension, it's advisable to include the H4 dependents in that petition to extend or update their H4 status concurrently. This is done by filing Form I-539, Application to Extend/Change Nonimmigrant Status, for the H4 dependents.

H4 EAD (Employment Authorization Document): If an H4 dependent has an EAD and is working, the H1B transfer for the principal applicant does not directly impact the H4 EAD. However, if the H1B status is extended, the H4 dependent might need to renew the EAD if it's nearing its expiration.

Travel Considerations: If H4 dependents are outside the U.S. during the H1B transfer process, they can re-enter the U.S. using their valid H4 visa stamp, provided the principal H1B holder's status remains valid. If the H4 visa stamp has expired, they will need to obtain a new H4 visa stamp based on the approved H1B transfer petition of the principal applicant.

Address or Personal Details Change: If there's a significant change in the H4 dependent's circumstances, such as a change of address, it's essential to notify USCIS using Form AR-11.

5. Final Thoughts

In the fast-paced world of the American job market, H1B visa holders often find themselves at a crossroads. The desire for career growth competes with the need for immigration security. For those willing to dive deep, the narrative is clear: Knowledge is power. This is why at www.day1cpt.org, we are dedicated to breaking down the information barriers and paving the way for new immigrants. In this particular case, by talking about the ins and outs of the H1B transfer, we hope we are not only helping you secure a new job but also penning another American success story.

Make your move, and let your story inspire the next chapter for many more.

Contact us if you need free consultations on Day 1 CPT or Day 1 CPT Universities.

About the Author:

Elora Chow, one of our students who has an LLM degree and secured her H1B visa in 2022, contributes to our content creation on an occasional basis.

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USCIS Increases Automatic Extension of Certain Employment Authorization Documents to Improve Access to Work Permits

WASHINGTON — Building on extensive modernization efforts that have streamlined and improved access to work permits for eligible noncitizens, USCIS today announced a  temporary final rule (TFR) to increase the automatic extension period for certain employment authorization documents (EADs) from up to 180 days to up to 540 days. This announcement follows improvements that have reduced processing times for EADs significantly over the past year.

The temporary measure announced today will prevent already work-authorized noncitizens from having their employment authorization and documentation lapse while waiting for USCIS to adjudicate their pending EAD renewal applications and better ensure continuity of operations for U.S. employers. This is the latest step by the Biden-Harris Administration to get work-authorized individuals into the workforce, supporting the economies where they live.

“Over the last year, the USCIS workforce reduced processing times for most EAD categories, supporting an overall goal to improve work access to eligible individuals.  However, we also received a record number of employment authorization applications, impacting our renewal mechanisms,” said USCIS Director Ur M. Jaddou. “Temporarily lengthening the existing automatic extension up to 540 days will avoid lapses in employment authorizations. At the same time, this rule provides DHS with an additional window to consider long-term solutions by soliciting public comments, and identifying new strategies to ensure those noncitizens eligible for employment authorization can maintain that benefit.”

This TFR aligns with an ongoing effort at USCIS to support employment authorized individuals’ access to work. USCIS has reduced EAD processing times overall and streamlined adjudication processing, including:

• Reducing by half EAD processing times of individuals with pending green card applications from FY2021 to date,
• Processing a record number of EAD applications in the past year, outpacing prior years,
• Engaging with communities to educate work-eligible individuals who were not accessing the process and provide on-the-ground intake support of applications,
• Reducing processing time for EADs for asylum applicants and certain parolees to less than or equal to 30-day median,
• Extending EAD validity period for certain categories from 2 years to 5 years,
• Streamlining the process for refugee EADs, and
• Expanding online filing for EADs to asylum applications and parolees.

This temporary measure will apply to eligible applicants who timely and properly filed an EAD renewal application on or after Oct. 27, 2023, if the application is still pending on the date of publication in the Federal Register. The temporary final rule will also apply to eligible EAD renewal applicants who timely and properly file their Form I-765 application during a 540-day period that begins with the rule’s publication in the Federal Register.

Absent this measure, nearly 800,000 EAD renewal applicants – including those eligible for employment authorization as asylees or asylum applicants, Temporary Protected Status (TPS) applicants or recipients, and green card applicants – would be in danger of experiencing a lapse in their employment authorization, and approximately 60,000 to 80,000 employers would be negatively impacted as a result of such a lapse. EADs are generally valid for the length of the authorized parole period. This TFR does not extend the length of parole.

Since May 12, 2023 to March 13, 2024, DHS has removed or returned over 617,000 individuals, the vast majority of whom crossed the Southwest Border, including more than 97,000 individual family members. The majority of all individuals encountered at the southwest border over the past three years have been removed, returned, or expelled. Total removals and returns since mid-May exceed removals and returns in every full fiscal year since 2011.

As part of this temporary final rule, USCIS is soliciting feedback from the public that would inform potential future regulatory action. For more information, visit our  Automatic Employment Authorization Document Extension page .

For more information about USCIS, please visit  uscis.gov  or follow us on  Twitter ,  Instagram ,  YouTube ,  Facebook , and  LinkedIn .