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** H1B visa holders can change employers as soon as a H1B petition is 'submitted' to the INS by the new employer **
New H1B bill approved in the senate and House
The senate voted 96-1 to approve the new H1B bill S.2045
The House of Representatives passed the H1B visa bill (S. 2045) on a voice vote.

H-1B nonimmigrants may change jobs upon the filing of a new petition by the new employer as long as the individual is in lawful status at the time of filing and has not engaged in any unauthorized employment since his or her last lawful admission

Allows individuals who have filed for adjustment of status and whose cases have been pending for 180 days or more to change jobs or employers without affecting the validity of the I-140 or underlying labor certification, as long as the new job is in the same or a similar occupational classification to the job in the original petition and labor cert.

You might be asked to submit the following documents:
· One or two latest pay stubs.
· Copy of your existing H1 approval.
· Passport copies.
· Copies of I-94 records.
· Copy of Social Security Card.
· Latest Resume.
· Copy of existing valid visa.
· Copy of all your Diploma/Degrees.

Once your transfer is submitted with the INS, it normally 3 to 8 weeks, or in some case a little more time. The time varies depending upon the location of employment and the processing office.

Common Questions?

1)I am currently on an H-1B visa through Company 'A'. I am considering another offer from company 'B'.
Do I need a new H-1B visa?
When can I start working for company B?

No, you do not need a new H1B visa, the existing one will be transferred.

According to a recently passed H1B bill you can now start working for company 'B', upon the receipt of you H1B transfer case.

2) Upon approval of H1 transfer, is there any time limit to join the new company?

Once your H1 transfer is approved, there is no joining time limit. It is totally up to you, when you want to report to work for the new Company.

3) Does the H1B Cap affect the H1 transfer process?

No, the H1 transfer is a separate process, and it has nothing to do with H1 cap. It is a transfer of your existing H1 approval to a new company and is not a ‘new’ H1B.

4) I just got my approval notice for my H-1B transfer. It doesn't have a new I-94. What should I do?

An I-94 is issued when you enter US, which contains a specific expiry date. It can only be issued if the existing I-94 has expired. In case of H1 transfer, it is possible that your I-94 is still valid. Hence, you won't be issued another.

5) Do you need to inform your present employer about your Visa Transfer? Is there any way that my current employer can come to know about my H1b transfer?

No! its not required to inform your current employer, and neither do they need to know about the transfer.

6) Is there any limit for the number of times I transfer my H1B visa?

There is no such limit, you can apply for as many transfers as you want.

7) Can I apply for an H1 transfer through more than one company at the same time?


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

Yes !.(A person can have multiple H1, but can work for only one company at a time.)



Important Disclaimer! - the information provided on this page or ANY page within is not legal advice.
Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney.
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