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

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 ?

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Attorney answers 2


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 communication does not create an attorney-client relationship.


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 reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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