Similar to above situation, USCIS looks at Status and Cap exempt situation for transfer. You should not resign from your current position until the petition for transfer is approved. Below are the various common scenarios : USCIS looks at the H1B transfer applicants statusand verifies, if the applicant has maintained proper status in US, in order to approve the petition. I-797 is a form used to confirm that the employee is eligible for the H1B visa. The H1B visa transfer process is as follows: 1. I am currently on a H1B. This can be done by checking whether the employee is authorized to work in the United States under the H1B visa category. Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. One difference between the initial H1B visa and the H1B visa transfer is the lack of a visa cap. The first step is to find an employer who is willing to sponsor your H1B visa. I am now planning to join Employer B, who would apply for my H1B transfer. Any H1B Sponsor can file H1B transfer petition, which is basically a new H1B petition based on your current approval notice, on your behalf without any permission from your current employer. Concurrent H1B Employment Between Cap-Exempt And Cap-Subject Employers. Transfer from one distinct unit of an employer to another distinct unit of the same employer; you may transfer the employees Form I-9 to the receiving unit. Copy of all degrees, diplomas, transcripts, and mark sheets. Yes, you can continue to work for your old employer as long as the job you are taking is within the same field of work. These are: All immigration actions require the concerned parties to submit certain supporting documents for the bureaucratic process to start. H1B transfers could be denied, but USCIS will provide some sort of reason as to why this happened. Lets look at the documents check list now. In addition, it tells the US government that the employer hires legally admitted foreign workers. In order to file a new petition with the new employer, you will also have to submit the following documents for H-1B (primary) application: We are sorry that this post was not useful for you! H-1B Transfers: Factors Affecting Start Date (for Employers), FAQ Regarding Marijuana Use and Immigration Consequences. H1B visa holders can change their employer while in the US under a process which is known as the H1B transfer. But its not always that simple.