Key Takeaways:
- You can transfer a consular notified H1B to a new employer without a visa stamp.
- Required documents include the job offer, I-797 approval notice, and other personal and employment records.
- It is possible to convert to Change of Status by filing Form I-539 with supporting documents while staying in the U.S.
Can I Transfer My Consular Notified H1B (Without Stamp) from Employer A to Employer B and Convert to Change of Status?
For individuals holding an H1B visa, changing employers or converting the visa status can feel like navigating a maze. If you find yourself in a situation where you have a consular notified H1B visa but haven’t yet obtained the visa stamp, you might be wondering about the feasibility of transferring your H1B sponsorship from Employer A to Employer B and converting it to a Change of Status petition. Let’s delve into the details step-by-step.
What Is a Consular Notified H1B Visa?
A consular notified H1B visa is one where your petition has been approved by the U.S. Citizenship and Immigration Services (USCIS), but you are required to apply for the visa stamp at a U.S. consulate outside the United States before entering the country. The reason behind consular processing is usually because you are currently outside the U.S. or opted for consular processing instead of Change of Status while filing the petition.
The H1B Transfer Process
Can I Transfer My H1B Without a Visa Stamp?
The answer is yes. Even if you don’t have an H1B visa stamp in your passport, you can still transfer your H1B from Employer A to Employer B. The new employer can file an H1B petition on your behalf by presenting the necessary documentation to USCIS.
To transfer your H1B, you will need:
– A job offer from Employer B
– Employer B’s support and willingness to file the petition
– Proof of your H1B status, such as the I-797 approval notice from Employer A
Documents Needed for H1B Transfer
Here is a checklist of documents typically required for an H1B transfer:
– Copy of your current H1B approval notice (Form I-797)
– Copies of all your passports (current and previous)
– Copy of your most recent visa stamp (if any)
– Copies of your I-94 records
– Copy of your latest resume
– Offer letter from Employer B
– Pay stubs and W2 statements from Employer A (if applicable)
H1B Transfer Scenario Without Entry to the U.S.
If you have an approved H1B petition (I-797) but are outside the U.S. and have never entered using an H1B visa stamp, Employer B can still transfer your H1B petition. However, you will need to undergo the consular processing again at a U.S. consulate for the new employer.
Timeline for H1B Transfer
The time required for an H1B transfer can vary but usually consists of the following stages:
– Filing with USCIS
– USCIS adjudication time
– Possible consular processing time if outside the U.S.
You can expedite the process by opting for premium processing, which guarantees a response from USCIS within 15 calendar days.
Converting to Change of Status
Understanding Change of Status
Change of Status refers to the process of converting a non-immigrant visa status to another visa category without leaving the United States. If you are on a consular notified H1B and wish to change your status within the U.S., you can file an application with USCIS.
Steps to Convert to Change of Status
- Check Eligibility: Ensure you are in valid visa status and eligible to apply for a Change of Status.
- File Form I-539: This form is used for extending or changing non-immigrant status. You can file it concurrently with your H1B transfer petition by Employer B.
- Supporting Documents: Provide proof of your current visa status and details about your H1B employment.
What Happens After Filing?
Once the Change of Status and H1B transfer petition are filed, you will receive:
– A receipt notice from USCIS
– Notice of approval for the H1B transfer and Change of Status, if all criteria are met
Important Tips
- Maintain Status: Ensure not to overstay or violate any terms of your current visa while your petition is pending.
- Consular Processing: If you need to travel outside the U.S. before the Change of Status is approved, you may need to complete both visa stamping at a U.S. consulate and present the new approval notice.
Conclusion
Transferring your consular notified H1B visa to a new employer and converting it to Change of Status within the U.S. is possible but involves multiple steps and coordination between you, your potential new employer, and USCIS. It’s important to keep all documentation in order and adhere to timelines to ensure a smooth transition.
For additional authoritative information, you can refer to the USCIS H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models official page.
This page provides a comprehensive overview of the H1B visa process, eligibility criteria, and other vital details you need to know.
By carefully following the procedures and seeking assistance from immigration professionals when needed, you can successfully complete an H1B transfer and Change of Status to continue your career in the United States.
Learn Today:
Glossary of Immigration Terms
- Consular Notified H1B Visa:
A type of H1B visa where the petition is approved by USCIS, but the visa holder needs to obtain a stamp at a U.S. consulate outside the U.S. before entering the country. H1B Transfer:
The process of changing the employer sponsorship of an H1B visa holder from one employer to another by filing a new H1B petition with USCIS.Change of Status:
The process of converting from one non-immigrant visa category to another without leaving the United States, typically done by filing Form I-539 with USCIS.Form I-797:
The approval notice issued by USCIS for various immigration benefits, including H1B petitions. This document is crucial for proof of H1B status.Premium Processing:
An expedited service provided by USCIS that guarantees a decision on certain visa petitions, including H1B transfers, within 15 calendar days.
This Article In A Nutshell:
Yes, you can transfer a consular notified H1B to a new employer and convert to Change of Status (COS). Employer B must file an H1B petition. Upon approval, file Form I-539 for COS. Ensure all documents are complete and you remain in lawful status throughout the process.
— By VisaVerge.com
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