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H1 Transfer process and Required Documents and steps

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Case Scenario:

1. I am working with 'X' Client  for past 2.5yrs with EAD on W2

2. For same 'X' client I shifted/started to work through a Consultant for  past 1.5yr with EAD on Consultant C2C for H1 processing

3. Consultant filed H1 in premium processing and  it has been approved( From 1st Oct 2019)

4. Now my 'X' Client has offered me Full Time Position with 2-3 months flexible Date of joining till year end (Dec 2019), accepted for H1 Transfer process


Assumption: Since I am already working in US (with EAD) on my consultant pay roll, My visa status will be automatically changed to  H1  from 1st Oct 2019 without any stamping (Any suggestion here ? ) 



1. Is H1 Transfer process safe in my case?

2. If so, what are the best steps (Initiating the process from my 'X' client - if its approved > then inform my Consultant and get my I-797 original (Any other papers??) and  need to negotiate /pay consultant ???)

3. Any Thumb rule to follow how to negotiate with Consultant (Just want to maintain healthy relation and Good will)

4. Any precautionary steps ? 

5. What happens if H1 Transfer is declined? Can I continue to work with my 'X' client on H1 through my Consultant?


Note: For past 2.5 yr my Client and End Client and Project are same. Also my Client Letter valid till Dec 2021 (2 yrs validity)

Edited by prasar

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