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H-1B Visa Transfer

What is H-1B Transfer? 

H-1B Transfer must be filed while employed on H-1B or within 60-day of the termination or last paycheck. Must prove the applicant has been maintaining valid H-1B status at the time of filing H-1B transfer. Can start to work upon receiving Receipt Notice of a bonafide filing. 3rd party client site placement requires the H-1B sponsoring company to provide end client letter, contract and purchase order and overcome doubts over employer-employee relationship and actual control by providing documentation to overcome these doubts which include but not limited to employment agreements, benefits information, and performance reviews, email communication print-outs, screen shots of all interactions between the employer/employee. 

H-1B Visa Requirements – Change of Employer or H-1B Transfer 

Company Requirements

-          Proposed job title, annual salary, job description, and start date for the position offered to the beneficiary

-          Address and phone number for company headquarters, as well as address(s) of the beneficiary's work location(s) and client site(s) at which beneficiary will be stationed

-          Name, title, phone number, and e-mail address for the signatory of the petition

-          Current number of employees of the company, and current number of employees in H-1B or L-1 status

-          Proof of the company's Federal Employer Identification Number (FEIN)

-          Copy of the Certificate of Incorporation

-          Copies of the company's most recent federal corporate tax return or gross annual income

-          If beneficiary will work off-site, documentation related to placement at client site, including employment agreement between beneficiary and company, purchase order/contract and vendor agreement between petitioner and client site, and itinerary

Foreign National Requirements

-          Home address in the U.S.

-          Home address abroad

-          Social security number

-          Copies of three most recent paystubs (last paystub must be from the most recent pay period – biweekly, semimonthly, monthly, etc.)

-          Copy of the Biographic (photo) page of the passport

-          Copy of the front and back of most recent I-94 card

-          Copy of all U.S. visa stamps in the passport

-          Copy of the entry stamp in the passport for the first entry to the U.S. in H-1B or L-1 status

-          Copy of all I-797 H-1B, L-1, or other approval notices ever issued

-          Copies of all previous U.S. visa stamps, I-797 approval notices, and other documentation related to all nonimmigrant status previously held in the U.S.

o   For those who attended school in the U.S., copies of F-1 visa stamp(s), all I-20s issued in connection with F-1 status, and EAD card issued in connection with OPT (if applicable)

o   For those who held J-1 status, copies of J-1 visa stamp(s) and all DS-2019s (or IAP-66s) issued in connection with that status, and I-601 waiver of two year residence requirement (if applicable)

o   Copies of all U.S. visa stamps for all other nonimmigrant visa status, (B1/B2, H-4, L-1, L-2, etc.)

-          Copy of the diploma and transcripts/marksheets for all post-secondary degrees and copy of educational credentials evaluation from previous petitions (if available)

-          For those without four full years of university study, work experience letters showing three years of work experience for each missing year of university study (letters must appear on company letterhead, be signed by an authorized official of the company, and list your job title, dates of employment, number of hours per week (or indicate full-time), and include a description of job duties)

-          Copy of up-to-date resume (street resume, not project-based resume)

-          If in the midst of the green card process, copies of the PERM application filed on your behalf and/or the I-140 receipt or approval notice for any immigrant petitions filed on your behalf

Dependent Requirements

For Dependent Spouse (without own visa):

 

-          Copy of Marriage Certificate registered with the civil authorities, with certified translation (if available)

-          Copy of the Biographic (photo) page of the passport

-          Copy of the front and back of most recent I-94 card

-          Copy of all U.S. visa stamps in the passport

-          Copy of the entry stamp in the passport for the first entry to the U.S. in H-4 or L-2 status

-          Copy of all I-797 H-4 approval notices ever issued

-          Copies of all previous U.S. visa stamps, I-797 approval notices, and other documentation related to all nonimmigrant status previously held in the U.S.

For Dependent Spouse Child(ren):

-          Copy of Birth Certificate registered with the civil authorities, with certified translation (if available)

-          Copy of the Biographic (photo) page of the passport

-          Copy of the front and back of most recent I-94 card

-          Copy of all U.S. visa stamps in the passport

-          Copy of the entry stamp in the passport for the first entry to the U.S. in H-4 or L-2 status

-          Copy of all I-797 H-4 approval notices ever issued

-          Copies of all previous U.S. visa stamps, I-797 approval notices, and other documentation related to all nonimmigrant status previously held in the U.S.

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