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

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?

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Attorney answers 5

Best Answer

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


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 attorney to discuss your individual case.


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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

F. J. Capriotti III

F. J. Capriotti III


Although it deals with B visa violations, this will give you an indication of what is going on when you hear that people are in 'administrative processing' for their visa stamp:


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 inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.


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,, 888-645-6272, , 224 W. 4th Street, Suite 200, New York, NY 10014 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.