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H1B Transfer: The Requirements & Documents Needed
April 13, 2022
5 mins
Selective focus of the text "Visa" with a ring. Visa for the United States.

In this article, you will learn about:

  • Qualifications for H1B Transfer
  • H1B Transfer Requirements
  • H1B Transfer Documents

Many may be confused between H1B transfer and H1B extension. Are they the same? Its good to get a clear understanding of the difference between H1B transfer and extension first.

What is an H1B Transfer & What are the Qualification Criteria?

Did you know that changing jobs on an H1-B visa is absolutely possible? According to the USCIS regulations, you can change your employer as many times as possible while your H1B visa is still valid. Officially known as the "Change of Employer," the H1B Transfer is filed on an I-129 Form and submitted to the USCIS.

The H1B Transfer process is pretty much like acquiring an original H1B visa, where you must find a US-based H1B employer willing to sponsor your H1B visa. Your new employer will file the H1B Transfer petition with the USCIS on your behalf. The USCIS, on the other hand, will process your petition and either deny or reject it based on the requirements fulfilled and the documents submitted. It is, therefore, important to know the list of qualifying requirements so that you do not run the risk of your H1B transfer being rejected or denied.

As per the key qualifications that play a significant role in the H1B Transfer application, you must:

  • Have a valid H1B status to be able to start working for your new employer on the date indicated on the new H1B Transfer petition submitted with the USCIS.
  • Start your new job on the day your new H1B employer receives the receipt from the USCIS.
  • Provide three pay stubs, proof of previous employment, a letter from the H1B employer, and a leave of absence letter.
  • Opt for Premium Processing if you have a gap in your employment.

USCIS also looks for certain "status scenarios" to deem the petition valid and pass the H1B Transfer approval. Let's check out what they are.

Status Scenario Requirements for H1B Transfer

The USCIS usually prioritizes two aspects at the time of H1B Transfer. They are:

  1. H1B Cap Exempt
  2. Your current H1B status

The following is a list of various other status scenarios that influence your qualification requirements for H1B Transfer.

If you are an H1B applicant who lives outside the US and has never visited the US:
This situation arrives when the USCIS approves your H1B petition while you are still living outside the US. Your employer is not able to bring you to the US, and you want to transfer your job to a new company.

If you want to change employers soon after entering the US:
This situation may arise if you are not satisfied with your employer and want to change jobs as soon as you arrive in the US (in fifteen days or less).

If you want an H1B Transfer after working in the US for a while:
It is a very common scenario where H1B employees working on a valid H1B visa get a better offer and plan to move from one company to another.

If you want an H1B Transfer after working in the US and being an applicant outside the US:
This situation happens when you leave the US a few years after working on H1B and then return with a few more years of H1B validity. In general, you can "Recapture" the unused H1B time.

If you want an H1B Transfer with an I-140 Approval:
If you have an approved I-140 that has not been withdrawn for more than 180 days, you can apply for an H1B transfer as long as you wish without any time limit.

The USCIS must approve a petition for an H1B transfer based on verifying the applicant's legal status. In order to prove that you were in status at the time of filing for an H1B transfer, you must provide a list of relevant documents that we have mentioned below.

Also Read: H1B Transfer Status & How it Affects your H1B Transfer

List of Documents Needed for H1B Transfer

Documents needed for H1B Transfer to be provided by your employer:

  • Latest resume
  • Degree certificates and transcripts
  • Academic Evaluations
  • Letter of recommendation from previous employers
  • Copy of I-94, if you are already in the US
  • Copy of your original H1B petition or the I-797 approval notice
  • Your most recent pay stubs
  • Letter from the employer or a letter confirming your leave of absence
  • Copy of your valid Passport
  • Copy of the most current visa stamp, which is not expired
  • Copy of your social security card if you have already lived in the US
  • Copy of W2 Tax forms from your employer if you are in the US and have filed taxes
  • I-140 Approval copy (if applicable)
  • If you are an Occupational or Physical Therapist, you need to provide a copy of your state license and visa screening certificate

Documents to be provided by you

  • A letter stating your job position, job duties, remuneration, job title, and your and your employer's signatures.
  • Brochures and other marketing material from your new company.
  • Financial statements, annual reports, and business plans, if any.
  • An in-depth job description.

Documents for H4 Dependents

As an H1B employee, you can bring along your spouse and children (below 21 years) to live with you in the US. They will, however, require an H4 visa to be admitted into the country. All H4 holders can stay in the US if the principal H1B holder's status is valid. As per the USCIS norms, the H4 dependents in your family also have to submit their documentation along with the H1B visa petition.

The Finale

As an H1B holder, you may want to remain with the same employer for many years or change your employer for many reasons. It is perfectly alright to do so. However, to ensure that the process moves on without any hiccups, you should:

  • Follow all instructions.
  • Provide all the necessary documents.
  • Ensure your employer submits the H1B Transfer petition on time.
  • Do not resign from your current job until you receive the transfer approval.

For any information regarding H1B transfer or any other processes relating to H1B, visit TechFetch H1B.

**Disclaimer: All information related to H1B visa processing is subject to change. Kindly refer to the USCIS official website for all the latest details.**

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Article by Techfetch H1B team

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