I am with employer X on H1B. I will get my visa stamped when I goto india on vacation this December.

Asked 6 months ago - Simpsonville, SC

Now, I am getting an offer from employer Y who is ready to transfer my H1B.

1) How long it takes for the paper transfer?

2) When the transfer process is going on, can I still go ahead and get my visa stamped with the petition from employer X?

Attorney answers (5)

  1. Karen-Lee Pollak

    Contributor Level 19
    Best Answer
    chosen by asker

    Answered . 1. It could be 2 weeks if you file premium processing otherwise 5 months
    2. Yes if you file regular processing and are still employed with Employer x when you reenter the USA

  2. Stephen D. Berman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It can take from 30 days to 9 months to process this application. No, you cannot get a visa to work for your current employer, since you will not be able to provide proof of a current job offer from that employer.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  3. Daniel Patrick Hanlon

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Time frames vary and premium processing is an option, under which your company could obtain approval of a petition within 15 days of filing. Consult an immigration attorney directly with your remaining questions.

    Please note that this posting does not constitute legal advice or create any attorney-client relationship with the... more
  4. Marc Damien Sean Taylor

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . 1. Regular processing - 3-9 months. Premium - 15 days to a few months (depending on whether an Request For Evidence is issued).

    2. No, as my colleague stated, you should not still go ahead and get your visa stamped with prior employer.

    You should speak to the attorney handling the transfer to discuss any other issues.

    Although I would not recommend traveling while the petition is pending.

    Law Office of Marc Taylor, Esq. PC, www.usavisanow.com, 888-645-6272, info@usavisanow.com , 224 W. 4th Street,... more
  5. F. J. Capriotti III

    Contributor Level 20

    Answered . 1. If you are working for InfoSys, or one of the big H visa job-shops ... it could take VERY long.
    2. Talk to the new company's immigration lawyer ... not someone in HR that is not an attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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