H1B Transfer USCIS
H1B transfer is a new petition to change your H1B employer. Once approved, you will receive a new i797 notice of approval with a new i94 attached to paper i797.
The answer to “Can H1 transfer be rejected” is Yes, it can be rejected.
File H1B Transfer Before i94 expiry
You can start working for new employer based on H1B transfer receipt immediately if your i94 has not yet expired.
Once your i94 expires your status will be counted as “period of authorized stay” based on your pending H1B transfer with USCIS.
We recommend to start working for new employer only after approval.
File H1B Transfer After i94 expiry
You CAN file H1B transfer after i94 expiry and start working for new employer too.
But we strongly recommend to NOT start working for H1B transfer until it has been approved.
H1B Transfer 240 day limit after i94 expiry
There is no 240 day limit applicable for H1B transfer cases if filed before i94 expiry with USCIS.
You can keep working for new employer even after 240 days if the petition is still pending with USCIS.
H1B Transfer Denied after i94 expiry
If you had already started working for new H1B transfer employer, you are immediately OUT OF STATUS from the denial date.
Your period of authorized stay starting from your i94 expiry date to denial date ends too.
You will start adding “Unlawful presence” to your name after the denial.
Also, you cannot file another extension, or transfer, or change of status to some other visa category as your are currently “Out of Status“.
Even if you file an H1b extension or transfer now, it will be rejected as you filed it on the day when your status was “Out of status”.
H1B Transfer Denied – i94 still Valid
If you started working for new employer on receipt, you are still out of status and the period of authorized stay ends after denial.
But, unlawful presence will not start as the I-94 has not expired.
If your old employer has not withdrawn your H1B yet, you can go back into H-1B status by starting work for your old employer again.
H1B Transfer Denied – i94 expired, Old H1B expired
You can re-file h1B transfer but, you cannot start working as your current status is “Out of status’ after denial.
H1B transfer refile, if approved, will be approved with consular processing meaning that you will have to go out of US and get H1B stamped in passport to re-enter.
H1B Transfer Approved without new i94
The H1B transfer I-797 approval notice should either have an I-94 or consular processing information. If you did not receive new i94, it means you’ll need to leave the US, obtain an H-1B visa stamp abroad, and then re-enter the US.
File Second H1B Transfer before First H1B transfer Denial – i94 expired, Old H1B expired
If you file second H1B transfer before the first one reaches a result, you can start and keep working for new employer.
If the first H1B transfer is denied, the bridge between first H1B transfer and second one is broken and hence your second H1B transfer will also be denied ultimately.
Your “Unlawful presence” begins on the day of first H1B transfer denial in this case.
H1B Transfer USCIS TimeLine
With Premium Processing, H1B transfer application will get result within 15 calendar days.
With Regular processing, there is no fixed timeline. The result timeline will depend on USCIS service center’s workload.
H1B Transfer Processing Time
We track H1B Transfer processing time for All USCIS service centers.