Every month, we at Assure Consulting receive several queries from readers regarding H1 Transfer. Here are the facts that you need to know about the process:
A person with an H1 visa is allowed to change/ transfer jobs and one must inform the USCIS of such a change in one’s employment status.
You don’t need any permission from your current employer for H1 transfer and hence there is no requirement for an individual to inform his current employer if you are applying for the same
Your current employer cannot come to know of your H1 transfer through government agencies such as the USCIS, Dept. of Labor etc. but be wary of colleagues with whom you might have discussed your H1 transfer. They might accidentally mention it to you boss.
On obtaining the H1 transfer there is no time limit to join your new employer. The date of joining is entirely between you and your employer and you may work until the expiration date of your LCA.
There is no limit to the number of times you can apply for the H1 transfer.
One can apply for H1 transfer for multiple employers at the same time.
2-3 pay stubs from your previous employer are sufficient when applying for H1 transfer.
H1 status and H1 visa stamp are different from one another. While H1 visa stamp is used only to enter into United States, H1 status is required to work in US for petitioning employer.
If you have received H1 approval for new employer (or even receipt of H1 filing for new employer), you can work in US on H1 legally for new employer.
If you travel outside US, and your H1 visa stamp (even if from previous employer) is still not expired and valid, you can use that H1 visa stamp along with H1 petition from new employer to travel back into US. 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 United States again.
After the approval of H1 transfer with a new employer, an individual can continue to work with the old employer if one changes one’s mind about the joining the new employer. One can continue working with current employer as if H1 transfer was never filed for.
