Can I stay in US while waiting for H-1B Transfer?

You cannot work but you can remain in the U.S. through the extension date. If you are enrolled in your final quarter (but not planning to apply for OPT) when your employer submits your H-1B petition to USCIS, your F-1 status is extended.

Can I travel while my H-1B transfer is in progress?

You must not travel outside of the U.S. while the petition is pending. Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned.

How long does it take for H-1B transfer to be approved?

Regular Processing times can vary quite dramatically, sometimes as short as 2 months but can be as long as 13 months. The average is between 6-8 months. For the most up-to-date processing times for the Form I-129 (H-1B) at the USCIS (CSC), please see their Case Processing Times webpage.

Can I stay in the same company after H-1B Transfer?

After the transfer is approved, if I change my mind and decide to continue to work with current employer X, can I do that? A: Yes. You can continue working with your current employer as if you never filed an H1 transfer.

What if apply for an H-1B transfer with another employer and it's approved but later decide to continue working with my current employer?

If you change your mind after filing a new petition and you decide to continue working for your current employer, you can remain with your current employer as if the petition for an H-1B job change was never filed.

Can I travel out of the US while my H-1b petition is pending?

How often are H-1B transfers denied?

Recently, there has been a steady decline in the rate of denials on H-1B visa transfer petitions. Reports based on data from USCIS show that the denial rate dropped 4% in FY 2021, a stark contrast to the 24% denial rate in 2018 and 21% in 2019.

Does H-1B transfer ever get rejected?

Interestingly, you may not be so conversant with the changes and reasons for the denial. Sometimes, it is due to insufficient submissions and other times it is the inability of providing sufficient proof that makes an employer unable to access H1B transfer for persons hired for a previous job.

Can I work while H-1B transfer is pending?

Q. Can I start working for my employer if I only have an H-1B transfer receipt and the petition has not been approved yet? Yes. As long as specific requirements are met, you may begin working at your new H-1B job before receiving approval as long as you have gotten a receipt that the USCIS has received your petition.

Is H-1B transfer easier than H-1B?

All H1B filings must be complete and must fully establish the employee's eligibility for the H1B category and the employer's eligibility and compliance with the H1B requirements with respect to the offered position. There is not an abbreviated transfer filing that is approved more easily than an initial H1B filing.

How does H-1B transfer process work?

What happens if you exceed 60 days grace period with H-1B Transfer?

What if I exceed 60 days grace period with H1B Transfer? Well, technically you are considered to be in valid status until you hit the 60 days grace period mark or expiration of I-94. Once you go past 60 days, your status is no longer valid and you are considered as 'Out of Status'.

What happens after H-1B transfer is approved?

With a certified LCA, the employer files a transfer petition, Form I-129 with USCIS; After filing an I-129 petition, USCIS sends a receipt number to the new employer and to the employee. With the receipt number, the H-1B holder can immediately start working for the new employer.

How much does H-1B transfer cost?

However, the H-1B transfer cost is anywhere from $1,710 to $6,460 depending on whether your employer is required to pay the higher ACWIA fee and the Public Law fee.

How many H-1B transfers are allowed?

No, there is no limit on the number of times you can transfer your H1B visa. The only limit that you must keep in mind is the expiration of your initial H1B visa, which can be extended.

What is 240 day rule for H-1B transfer?

When an employer timely files a petition for an employee in H-1B, H-1B1, O-1, E-3 or TN status to extend their employment in the same status, the employee may continue to work for the sponsoring employer for an additional 240 days beyond their current status end date. This is commonly referred to as the 240-day rule.

Can I stay in the US with a pending change of status?

Change Status by Application to USCIS

The application process for a Change of Status (COS) will allow you to remain in the US while the decision is pending, provided the application is filed in a timely manner with US Citizenship and Immigration Services (USCIS).

What are the reasons for H-1B transfer denial?

What is 60 day grace period for H-1B portability?

60-Day Grace Period

During this period, workers may be able to maintain their nonimmigrant status if a new employer timely files a petition on their behalf with an extension of stay request (e.g., an H-1B change of employer petition for a worker in H-1B status).

How many days I can stay in US after H-1B expires?

The maximum duration of the grace period is 60 days or the expiration date of the underlying approval notice, whichever is shorter. This grace period is discretionary; USCIS is not required to grant it. If you have any questions about grace periods, please contact FSIS.

What is the 30 60 days rule in immigration?

The 30/60 day rule (which was used before September 2017) assumed that if an adjustment of status application was filed within 30 days of entering the U.S. then the applicant misrepresent their original intent and they would subsequently be denied and those filed 30-60 days after coming to the U.S. were flagged as ...

Does USCIS follow the 90 day rule?

U.S. Citizenship and Immigration Services (USCIS) uses the 90-day rule when assessing immigration applications. When a temporary visa holder marries or applies for a green card within 90 days of entry to the United States, USCIS assumes that the applicant misrepresented their original intentions.

Can you stay in the US while waiting for petition?

Any immigrant who entered the U.S. on some sort of temporary visa and then submitted a green card application (for U.S. lawful permanent or conditional residence) is allowed to remain in the United States while the application is "pending." In other words, they can wait until their application has been decided upon by ...

Can you stay in the US while waiting for visa?

Once you submit your application for an extension of status, you are permitted to remain in the U.S. until you receive a decision from U.S. Citizenship and Immigration Services (USCIS)—even if your permitted stay expires while USCIS is considering your application.

Can you stay in the US while waiting for visa extension?

Further, once your original nonimmigrant status expires, even though you will generally be allowed to remain in the U.S. while your extension of stay application is pending, you will not be deemed to be in any new nonimmigrant status until such time as we may approve your change of status application.

Can we stay in US after 240 days?

The answer to “can I stay in the US after 240 days” is yes. The rule applies to multiple visa types like B1/B2, H1B, H4, and L among others. H1B extension can stay in the US after 240 days of i94 expiry but cannot work. H1B Amendment with extension can stay and work in the USA after 240 days of i94 expiry.