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H1B Transfer

H1B visa holders can transfer their visa from one employer to another new employer and the employee can work for the new employer. Here is the checklist of documents submitted to the USCIS for H1B transfer.

1) Recent pay stubs may be two or three

( if you do not have the recent pay stubs you have to establish to USCIS the reason for it, may be you are on vacation or unpaid leave due to personal issues and hence you should show the vocational letter from your employer)

2) Copy of your existing H1B approval

3) Passport copies (including blank pages)

4) I-94 record copies

5) Social security card copy

6) Your Educational certificates (includes-- degree, diploma, highschool etc) copies alone,( if in case USCIS requires original too we have to for verification purposes but they will return once the verification is done)

7) Copy of existing valid visa.

8) Update current Resume of yours

Once these documents are submitted it takes around 3 months or more than that too at times as it is dependant on the location of employment and the processing office as it is because there would have been more petitions filed in the particular office and hence you may be pushed back due to this.

Things to know & remember in H1B TRANSFER

1) One can have mutliple H1Bs at a given time.

2) H1B transfer is a just a shifting process and it does not affect your H1B cap as it is not a new H1B.

3) H1B transfer cannot be worked out unless the person has at least 3-4 months of salary slips.

4) No company can legally withhold pay stubs.

5) One cannot generate pay stubs as we do in other countries as in USA, as one should remit taxes based on pay stub.

6) USCIS checks your current employment status as on filing H1B transfer but if the current employer has filed for an H1B cancellation then it would be a big problem.

7) Once you get the approval of H1B transfer from a new employer you can join them immediately or due to reasons if you want continue with the same employer itself you can continue with them too.

8) Always get the pay slips and the tax paid receipts from your employer without fail even though they pay you regularly without fail, as it is very important.

9) H1B transfer cannot be done when you are outside USA.

10) Valid period of an H1B visa is 3 years alone and for further stay in H1B status on has to file for H1B extension

11) Unlike H1B filing H1B transfer is not done during the fiscal year of October alone as it is done immediately any part of the year as your H1B is filed already.
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