Can approved H1B be transfered?

[bestfuture]

Hello, sorry to bother again. Actually, I lost my job yesterday, but I am still in OPT, and my H1B are approved, which will start from this Oct. So can it be transferred if I found a new employer before Oct.?

Thank you very much.

[morchu]

Yes. You can find another job and file a new H1 + COS. You also show the old "H1 approval notice" to claim that you already counted towards CAP, and need not again.

Hello, sorry to bother again. Actually, I lost my job yesterday, but I am still in OPT, and my H1B are approved, which will start from this Oct. So can it be transferred if I found a new employer before Oct.?

Thank you very much.

[yestogc]

As far as I know the same cannot be transferred without paystubs in US, or if you are out the country then you can do that.

[vegasbaby]

Hello, sorry to bother again. Actually, I lost my job yesterday, but I am still in OPT, and my H1B are approved, which will start from this Oct. So can it be transferred if I found a new employer before Oct.?

Thank you very much.


- You can transfer your approved H-1B provided you have not worked for your H-1B employer.

For my wife, company A filed H-1B in 2009 which was selected in lottery & approved. She came here on H4. Then company A, decided to withdraw her petition in Dec 2008. She was neither paid, nor did we ever receive I-797. We decided to transfer the H-1B & it was finally done in April 2009.

[sbmallik]

Just curious ... how did your wife maintained H-1B status in the US? You mentioned that she never worked for the petitioning employer. In order to transfer H-1B, typically, an individual need to prove that the status was maintained till the date of transfer application.

[morchu]

The point is, she never maintained H1B status. I assume she always maintained H4 (need to be careful, because of last action rules). As long as she maintained H4 she is OK, to file a COS.

And may not even have to be counted for CAP for her H4->H1 COS, if other conditions are met (already was counted for CAP within 1 year... etc...).

Just curious ... how did your wife maintained H-1B status in the US? You mentioned that she never worked for the petitioning employer. In order to transfer H-1B, typically, an individual need to prove that the status was maintained till the date of transfer application.

[morchu]

Pay stubs are needed only if you were in H1 status (to prove that you maintained that status).

When you do H1->H1 you actually do
1. an H1
2. an extension of status.
3. claim not to be counted for CAP.

When you do H4->H1 you do
1. an H1
2. a change of status
3. claim not to be counted for CAP if eligible. (most are not eligible, but some might).

"transfer" is a widely used word, but there is nothing you actually "transfering".


As far as I know the same cannot be transferred without paystubs in US, or if you are out the country then you can do that.

[sbmallik]

So the original poster was wrong in asserting "You can transfer your approved H-1B provided you have not worked for your H-1B employer".

Basically his wife did a change of status from H4 to H1.

[morchu]

True. That is a COS.

Since the word "transfer" is widely used, I never try to correct that. But when one mentions word "transfer", he/she should really elaborate what does she/he mean.

For many it means H1->H1. But for some (for OP), it meant H4->H1.
(Sure, that word causes confusion, at times.)

Basically his wife did a change of status from H4 to H1.