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.
Time to Work with the New Employer
The AC21 allows H-1B individuals to start working once the new employer has submitted the H-1B petition to the USCIS and received an I-797C Notice of Action receipt.
However, it is recommended for the H-1B holder to not start working until he/she has received H-1B visa transfer approval from the USCIS.
Employers are advised to adhere to I-9 procedures and create duplicates of the H-1B visa holder’s I-94 and the USCIS receipt of the petition.
The H-1B individual must cease working with the new employer if the H-1B visa transfer petition is denied. The individual may then be considered “out of status.”
To avoid being labeled as “out of status”, again, it is greatly suggested to wait until approval has been obtained prior to transferring.
H-1B Visa Transfer Qualifications:
1. 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.
2. The individual has the opportunity to start working the day the employer receives the receipt from the USCIS. To know more info on H1B Visa check Jsrr
3. 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
4. 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.