Once I get H1b I-797 approval , can I apply for H1B transfer immediately after receiving H1B I-797 approval?

Asked 6 months ago - Edison, NJ

Do I need to wait till I get my H1B stamped or can I apply for H1B transfer as soon as I receive my H1B I-797 approval? Ie can I transfer my H1B before October ?

Attorney answers (2)

  1. Akanksha Kalra

    Contributor Level 14

    Answered . If you are in the U.S. with an approved H-1B and if you have an I-797 Approval Notice with an I-94, and have a job offer from another employer who will be filing a "change of employer" H-1B petition on your behalf, you do not need a visa stamp in your passport. Please consult an immigration attorney to discuss this further,

    Disclaimer: The information provided here is generalized and should not be relied upon as legal advice. This... more
  2. Theodore John Murphy

    Pro

    Contributor Level 20

    Answered . The new company will have to apply for an H-1B first. After it is approved you may transfer. Regarding whether this can be done before October is a question to address with one of the immigration lawyers handling the two H-1B petitions.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more

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