Can I transfer my H-1B visa stamp to a new employer?
Yes you can but you will need to make sure that you have your I-797 approval notice from your new employer to let the CBP officer know that your H-1B visa stamp is from a prior employer but you do have a new valid I-797 approval notice from your current employer.
Can I travel to the US with my H1B visa?
You traveling to US for the first time does not matter as long as your H1B visa stamp is valid in passport. You need ensure you carry all the documents related to your new employer B and also copies of Employer A approval notice, so that you have all of that covered.
What is H-1B visa stamping?
What is H-1B Visa Stamping? H-1B visa stamping simply means the part of the immigration process where your visa is endorsed. Having an approved H-1B visa doesn’t mean you will be given automatic entry into the United States.
Does H4 visa stamp need to be re-stamped after transfer?
If the H4 visa holder’s visa stamp on passport is valid, they can use the same visa stamp and present the New H1B approval notice copy of their spouse after transfer. They do not need to go for re-stamping.
Do we need H1B stamping If we change employer?
Visa Stamp Remains Valid After a Change of Employer Although the stamp includes the name of the employer, it is not employer-specific and the stamp may be used for any H1B travel during its period of validity.
Can I switch jobs without H1B stamping?
Fortunately, you can use premium processing for your transfer petition regardless of whether you are transferring your H-1B before or after stamping. Premium processing is an optional service provided by the USCIS that shortens your I-129 petition's processing time to just 15 calendar days.
What happens after H1B transfer is approved?
When the petition is approved, both parties receive the I-797 form. This form proves that the employee is legally allowed to work in the US for that specific employer. In addition, the employer also has to file Form I-9 or the Employment Eligibility Verification form to USCIS.
Can I travel after H1B Transfer?
Travelling While an H1B Transfer is Pending After the new petition has been approved, the visa holder must present an approval notice from USCIS evidencing the approval of the change of employer in addition to the visa.
Will my employer know if I transfer my H1B?
A: You don't have to tell your current employer, and there is no way for them to know about this transfer from any government agency, such as USCIS, DOL, etc.
Can I travel to India after H1B Transfer?
You can travel to India while H1B extension is in progress and visa is still valid for re-entry. You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with NEWLY approved H1B extended petition.
Can H1B transfer get rejected?
To qualify for an H1B transfer, your employer must pay you the prevailing wage. The prevailing wage is the “average wage paid to similarly employed workers in a specific occupation in the area of intended employment”. If your employer can't or isn't willing to pay the prevailing wage, your H1B transfer will be denied.
How long H1B petition is valid without stamping?
As per USTravelDocs Agency Working Visa FAQs, which provides online visa appointment bookings in India for US visa stampings, the H1B visa applicants can only apply 90 days before the start date of the H1B employment, which is on the approved H1B petition.
When can I start working after H1B transfer?
You must be employed in H-1B status on the date that the H-1B Transfer petition is filed with USCIS. The earliest date that you are allowed to start work is the day that USCIS receives the I-129 H-1B Transfer petition.
Is visa stamping required after H1B extension?
Answer, If you hold H-1B visa or L1 visa, you may need to get the re-stamping upon the extension of your expired H-1B visa or L1 visa. H1B visa stamping in the passport is needed for a foreign national to enter or reenter the United States as an H1B worker.
Can I get H-1B visa stamp in the US?
It is not possible to obtain an H1B visa stamp within the USA. All H1B visa stamps must be issued by the U.S. consulate outside the US. H-1B Visa stamping is not automatic. You need to file an H1B petition with USCIS and have that petition approved.
Do you need original i797 for visa stamping?
You do not need to present your original I-797 approval notice when you apply for entry into the U.S. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval.
What steps are involved in h1 transfer?
H1B Transfer Documents, ChecklistCopy of Job offer letter from New employer, with details of the Job title, Salary offered and signed by both applicant and employer.Resume of applicant.Copy of Passport.Copy of I-94 ( if already in US)Copy of H1B Stamp on passport ( if already in US or have done stamping)More items...
Can an H1B visa holder change his mind about a visa transfer once approved?
Can an H1B visa holder change his mind about a visa transfer once approved? Yes, if you apply for an H1B transfer and then decide that you would rather stay with your original H1B sponsor, you can do so.
Does H1B transfer have premium processing?
The H1B visa transfer process can be sped up through premium processing; an extra fee of $1,225 for premium processing will expedite the USCIS decision to within 15 days of filing.
How long can an H1B visa be extended?
H1B visa is for non-immigrants by which allow them to get temporary employment and live in the US. This visa is issued for three years and can be extended up to six years. H1B visa applicant needs a sponsor, it can be any one of dependant’s family member. The US government making it tougher for foreign nationals to secure jobs.
What does H1B mean in immigration?
Now your should match with the type of Visa you used to get into the US. In your case, it's H1B that means you'll say that you are here to work and that's when you'll show a valid i-797.
What happens if you leave the US and want to renter?
The problem is when you leave the US and want to renter. By that time, most probably the visa stamped on your passport on behalf of your old company would expire. If that’s the case, you will ha
When an employer has successfully received the H1B approved petition behalf of an employee, is it the employer who has got?
When an employer has successfully received the H1B approved petition behalf of an employee, it is not the employer who has got the visa, it it the employee who has got the visa.
Can I stay in the US without a visa?
As long as you are staying in US no visa stamping is needed. Even if you go out of country, you can still come back without requiring visa stamping as long as the visa from previous employer has not expired. I was in same boat last year. Also you can get extended I94 date based on expiration date of your recent I797, if for some reason your visa has an expiration before the i797. Just mention that to the immigration officer at port of entry. But please make sure you carry all employment documents from current employer just in case officer asks for that. Good luck!
Is it illegal to take money from H1B?
But they often resort to shady techniques such as taking money from you for your H1B application (which is actually illegal. H1B costs have to be borne by the employer and not by the employee). They also often ask the candidate to inflate their resume and show many years of fake experience so that they can place them on projects. Not my preferred way of getting work. But it works for some people. To each his own, I guess.
Do I need an I-797 for a border check?
Note that original I-797s are no longer required at the border and clear copies will suffice. Thus, you should ask your employer to scan and email it to you while you are abroad.
How to revoke H1B visa?
Your H1B Visa stamp can be revoked by US Consulate based on request from Government officials or any US Government Agency for issues related to law enforcement. The could be for instances such as DUI or national security, etc. The revocation done as per the request from government official is called ‘prudential revocation’. Below screenshot is the official rule on US State.gov website. If such things happen, you would be very likely informed via email that your visa revoked and you cannot use it. Having a visa revocation does not necessarily impact your current status in US and you may stay in US, but cannot re-enter US with the same visa. Read US Visa vs Status, if you want to know the difference. If you end up in such situations, it is best to contact your immigration attorney to seek help.
Can my old employer Revoke or cancel my H1B Visa Stamp on passport ?
No, your employer cannot revoke or cancel your H1B visa stamp on passport. They can only withdraw the petition from USCIS indicating the end of employer, but they cannot really do anything with your visa stamping and it has no impact.
When do you have to file a cap subject transfer?
You will have to file the cap-subject transfer petition on the first business day in April. If you file at any other time, the petition will be rejected without a refund. You will also be prohibited from working for your cap-subject employer until the first business day in October.
How long does it take for USCIS to process a petition?
If your petition is not adjudicated in the 15-day period after premium processing has been requested, the USCIS will refund your premium processing fee (not your petition’s filing fee) and process your petition normally, which takes about six months depending on the caseload of the service center.
Why Should You Transfer?
If you are in the process of obtaining an H-1B visa, you already know that it is a non-immigrant visa option for foreign workers with specific knowledge, education, or expertise that will allow you to be employed by a U.S.-based organization.
Can USCIS visas be disrupted?
When dealing with USCIS visas and immigration, it can be easy to disrupt or sabotage your own efforts by making a poor decision during filing or processing phase. Because an interruption can mean months of delay, it is important to do things carefully and with legal guidance.
Can I transfer my employment after I receive my I-797?
Once your new employer has received an I-797 Notice of Action Receipt form, you are free to transfer your employment.
Does USCIS inform you of your petition?
Fortunately, the amount of information that your initial employer receives is up to you. The USCIS does not inform anyone of the petitions it gets and so will protect your privacy. If you are worried about the possibility of petition withdrawal, consider asking your immigration attorney about premium processing.
Where to schedule H1B visa interview?
Scheduling the interview may be conducted at the closest U.S. consulate or embassy. The H-1B visa stamping process should be implemented in the following order:
How to secure a visa payment?
To secure payment approval, create a user profile with the U.S. Visa Service website. Select ‘Schedule Appointment.’ A payment confirmation page should appear. This page will allow the applicant to select the best-fitted payment information for the individual. The payment is only valid for a year, so it is important to schedule the appointment within that time.
What is a POE visa?
When you get to the port of entry (POE), you will have to undergo security clearance before you can be allowed to enter the country. Your visa stamp is one of the requirements to prove that you have valid authorization to travel to the United States.
Does the USCIS suspend visa stamping?
It also does not guarantee that your visa will be approved in the H-1B visa stamping process. There are times, however, when the USCIS will suspend premium processing to give preference to long-neglected petitions. This is true for all H-1B petitions during the 2017-2018 season.
Does premium processing increase chances of lottery?
A: Usually, premium processing is a service that only speeds up the time it takes for the USCIS to process your I-129 petition. It does not increase your chances of being selected in the lottery nor does it make you cap-exempt. It also does not guarantee that your visa will be approved in the H-1B visa stamping process.
Is H1 transfer a new petition?
Therefore, when people say “H1 transfer”, it is actually just a new H-1B petition, all over again, without the restriction of the H-1B cap .
Do visa stamps have to be unexpired?
Copy of the most current visa stamp. The visa stamp does not have to be unexpired.
