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H1B Visa Transfer

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H1B Visa Transfer
- how to transfer a current H1B visa to a new job / employer
 
Current H1B visa holders can transfer their visa and start work for a new employer as soon as an H1B transfer petition is 'submitted' to the USCIS by the new employer (sponsor company). The applicant does NOT have to wait until the Transfer is issued.
   
H1B transfers are Unlimited and are NOT counted towards the regular H1B quota (cap).
* this means H1B transfers can be filed at any time of the year.
   
The H1B transfer bill approved in the senate and House (bill S.2045) now has rules that enable valid H1B visa holders to 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.
   
Under the H1B portability rules of the American Competitiveness in the 21st Century Act (AC21), an H1B visa holder may transfer to start work (a new H1B job) with a new employer, provided that the new US employer follows the procedures to file an H1B transfer visa application on behalf of the worker.

Transfers allow 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 H1B visa petition and labor certification.
 
 
During the H1B transfer procedure, the following documents may be required:
· Up to 3 months latest pay stubs.
· Copy of your existing H1B 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.   


How long does the H1B transfer procedure take ? 
Once an H1B visa transfer application is submitted with the USCIS for processing, the procedure (processing) normally takes 4-8weeks, but in some cases it can take more time. The time varies for each petition depending upon the location of employment, and where the appropriate USCIS visa processing office is located, and what their current processing times are.

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