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This USCIS H1B extension documents checklist can be used for H-1B transfer or amendment as well.
If you are looking for Visa stamping at the US Embassy, then you should follow the H1B Visa Interview Documents.
#1 Form I-129
Form I129 is an official USCIS form used for filing an H1B application.
#2 LCA – Labor Condition Application
Un-expired LCA from past H1B can be re-used but the total H1B term will be reduced by LCA validity.
#3 Most Recent I94
- Check the last approved H1B i797A for the attached paper i94.
- Or if you last entered the USA by any port of entry, download the i94 from the CBP website.
- Or if you got your i94 extended after passport renewal at any Land Border like Laredo, TX, or San Diego, use your paper i94 copy.
#4 Most Recent Entry to US Immigration Stamp
Check the US immigration stamp in your Passport that’s stamped at the port of entry.
#5 Most recent 3 Pay Stubs
Pay Slips or Salary Statement. Most employers use ADP as a payroll provider. You can download your payslips from the ADP site.
#6 H1B Visa Stamps in Passport (If Any)
Submit a color copy of H1B visa stamps from your passport.
It does not matter if the visa stamp is in the old expired passport or the stamp has been marked ‘canceled without prejudice’.
#7 Education Degree and Mark Sheets
The degree certificate is mandatory for H1B to prove you finished your education.
#8 Proof of Specialty Occupation
A letter from a university professor attesting to job requirements requiring special knowledge is highly recommended in addition to other documents like similar job postings, and job descriptions from the O*net government website.
Note that H1B specialty occupation criteria require that you should have at least a bachelor’s or master’s degree.
#9 Current and OLD Passport Biometric Page
Submit a color copy of passport pages with your photo and address. The passport should be valid for at least the next 3 months.
All old and expired passport biometric pages are required.
#10 (Optional) i140 receipt or approval
i140 approval copy is required only if you are filing an H1B extension after a 6-year quota.
If your employer has not shared the i140 with you, you can use the USCIS FOIA request to extract the i140 receipt copy.
#11 Proof of Employer-Employee Relationship
Third-party consulting companies need to prove that they have all rights to hire, fire, and control the daily work assignments of H1B workers.
If you are going to work in an EVC (Employer-client vendor) model, then you should use the document checklist to prove employer-employee relationships to avoid RFE.
#12 Client Letter
A written letter from the end client for the period of project/ work mentioning the start and end date is required from consulting companies. If you are working full-time with an end client, then this letter is not needed.
#13 H1B Work Itinerary
Third-party consultants need to provide a detailed itinerary of work assignments at the end client location. A sample H1B work itinerary is given below.
A new LCA is required for the H1B extension. LCA should be approved before filing an H1B extension, transfer, or amendment.
A detailed work itinerary is required to prove the actual work assignment and hours at the end client location. USCIS is pretty strict these days and asks for work location addresses and hours of work to be performed.
You will need the same set of requirements that you have used for the H1b extension to file an H1B change of status including the last 3 pay stubs, H1B cap subjected receipt number, and an approved LCA.
Payslips are required for filing an H1B extension.
The most recent 3 bi-weekly pay stubs are required for filing an H1B transfer.
Salary slips prove your maintenance of H1B status in case of H1B extension, transfer, or amendment.
Payslips are not required if you are filing an H1B extension or transfer from the outside USA.
Legally, you can file for an H1B transfer immediately after your H1B lottery approval on Oct 1, but, it is strongly recommended to at least work for a sponsoring employer for at least 1 day to avoid RFE.
Sample H1B Work Itinerary
Name of Employee: ABC Gupta
Work Location 1 | |
---|---|
Role | Senior Software Engineer |
Work Site Address
Building, floor, cubicle (suite), phone number are recommended | ABC Bank, 123 Street, Building A,
Floor 2, Suite 100, Phone: 999-000-1234 |
Work Duration | 1 Jan 2020 – 31 Dec 2022 |
Job Duties | Architecture and design for the Business process development team.Subject matter expert within the Business process environment for Oracle, SQL server and Dot-net.
Technical leadership for solving complex programming tasks. |
Work Location 2 | |
---|---|
Role | Senior Software Engineer |
Work Site Address
Building, floor, cubicle (suite), phone number are recommended | ABC Bank, XYZ Street, Building Z
Floor 6, Suite 325, Phone: 999-111-5678 |
Work Duration | 1 Jan 2020 – 31 Dec 2022 |
Job Duties | Architecture and design for the Business process development team.Subject matter expert within the Business process environment for Oracle, SQL server and Dot-net.
Technical leadership for solving complex programming tasks. |