Individuals with H-1B visa status, or previous status, have the ability to transfer to a different employer. The visa holder does not have to receive permission from the former employer for the H-1B visa transfer, though the individual does need to follow non-compete laws or any other contractual agreements the individual might have conceded with the employer.
In order for the H-1B holder to change employers, the new employer is required to submit an H-1B visa transfer petition with the USCIS. The H-1B visa holder cannot file on his/her own behalf. It is important for the individual to not have conducted any unlawful acts in the U.S. or violated his or her status. Otherwise, the petition will most likely be denied. Check for H1B Visa Process in UT Evaluators
H-1B Visa Transfer Qualifications:
A. The individual must start employment on the date indicated on the H-1B transfer petition submitted with USCIS. The individual must be under H-1B status.
B. The individual has the opportunity to start working the day the employer receives the receipt from the USCIS.
C. If the individual has incurred a gap in employment (ceased employment with H-1B employer prior to transfer), it is advised to file premium processing
D. The individual is obligated to provide pay stubs as evidence of employment, however, it is possible to submit other documentation i.e. a letter from H-1B employer or leave of absence letter.
In some instances, it may be difficult to determine whether you adhere to the qualifications. If that’s the case it’s best to contact our H-1B transfer attorney so we can explain the qualifications in depth.
H-1B Visa Transfer Documents:
Like with all immigration actions, there are many documents that must be acquired and filled out comprehensively in order to start the bureaucratic process of transferring your H-1B status to a new job. There are transfer documents required from both you, the H-1B holder, and your employer sponsor. For H1B Visa Evaluation Visit here
H-1B Visa Holder:
A. U.S. visa, I-797, and I-94
C. Paystubs, letter from employer, or leave of absence letter
D. University Degree
E. University Transcript
F. Academic Evaluation
G. Letter of Recommendation
A. Letter of position containing the job title and salary. It must be signed by the employer and H-1B visa holder.
B. An in-depth description of position responsibilities and duties.
C. Marketing material from company
D. Financial statements, annual reports, or business plans