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Essentially an H-1B transfer follows the same process as the regular H-1B visa in terms of documentation (except there is not H-1B cap imposed). Based on the American Competitiveness in the 21st Century Act (AC21) a foreign national worker may file for an H-1B transfer petition if they have not accrued unlawful presence. For H1B Visa Process Visit UT Evaluators

To file the H-1B transfer you need to submit a number of documents including:

A. A copy of the job offer from the employer detailing the salary, job title and signatures from both the employer and employee

B. Copy of recent pay stubs or a letter to serve as proof of employment

C. Copies of approval notices (I-797, I-94’s and any other visas)

D. Copies of academic degrees, transcripts or diplomas

E. Previous approval notices

F. Recent resume

G. Copy of your social security card

H. Copy of the pages in your passport

I. Copy of any W-2’s or tax returns, if applicable

What’s beneficial about an H-1B transfer is it can be applied for more than one employer simultaneously and there are no limits on the number of H-1B transfers you can get.

Click here to learn about H-1B Cap Exempt Jobs–not subject to the annual quota limits.

Because H-1B transfer petitions are not subject to the cap, the petition can be filed at any time and you are not limited to waiting until October to work. H1B Visa Process visit here

Cap Exempt to Cap Subject

When it comes to an H-1B transfer, many people think that they can exploit this system by entering the U.S. through a cap-exempt employer and transferring their status to a cap-subject employer to avoid the cap altogether. Obviously, this is not possible.

The reason that most H-1B transfer petitions are not cap-subject is because you have already been counted against the cap in the past. If you have not, then the next time you file a petition for a transfer, the USCIS will determine whether or not you are still cap-exempt. Therefore, if you entered the U.S. through a cap-exempt employer and you have a petition filed to transfer your status to a cap-subject employer, that petition will be entered into the cap. This means that it must be filed on the first business day in April and you will not be able to work for your new employer until October 1st of that year.

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