H1B transfer from company X to Y

[ds160h1b]

Hello all,

 

First of all, thanks to everyone who has made efforts to initiate/run/upkeep this website. It's been really helpful in providing immigration related information. 

 

I am a full time employee at Company X, working on my H1-B visa and it has been a year since my start date of H1B visa. I am looking to change my job and may end up with a new job in Company Y and it agrees to sponsor my H1B visa. If I shift companies what will the procedure be like in terms of H1B and offer letter? As I would like to keep this whole process discreet with my present company X, should I ask the new company Y to start H1B transfer process and once done, should I go ahead and take up/sign my new offer letter? Any specifics I need to be aware of, for such situations?

 

Any help/advise would be much appreciated!

 

Thanks.

[jairichi]

Employer Y has to file a cap exempt H1B petition. Read your agreement with employer X thoroughly.

[itsmeusa]

You should join Y only after H1b transfer is approved. I doubt Y will submit H1b petition without you signing the offer letter. 

[pontevecchio]

First make sure your contract with X spells out what happens if you want to leave in terms of notice period and any other restrictions. Second inform Y that you will first serve the notice period after Y gets your H1 petition approved and then join them.

[ds160h1b]

Thank you all for the replies. 

 

Employer Y has to file a cap exempt H1B petition. Read your agreement with employer X thoroughly.

Filling a cap exempt H1B petition would still fall under the H1B transfer procedure, right? Would I be Cap exempt because I already have a H1B and only transfering? I hold a Masters when I applied for my H1B, I went through the lottery process and received my H1B. Do I have to go through the lottery again? And also, in terms of an agreement, all I signed was an at-will offer letter and a letter confirming that I've received my LCA/H1B package. I checked both the stated documents and also my i797 and LCA and couldn't find any agreement that states that I've to work for this employer until a specific period. Am I overlooking any information? Is there any other place I should check to see if they have stated any conditions upon H1B approval?

 

 

First make sure your contract with X spells out what happens if you want to leave in terms of notice period and any other restrictions. Second inform Y that you will first serve the notice period after Y gets your H1 petition approved and then join them.

There is an at-will offer letter and no contracts per se from my present company. Is there a specific form you want me to check? I shall be sure to check about the notice period though. 

 

 

You should join Y only after H1b transfer is approved. I doubt Y will submit H1b petition without you signing the offer letter. 

 

I thought the same too. Do you think I should make sure to check and see if the new offer letter is at-will type as well, so just in case, if things don't work out after I signed the offer letter, I can always walk out? Thanks for the information. 

[jairichi]

Thank you all for the replies. 

 

Filling a cap exempt H1B petition would still fall under the H1B transfer procedure, right? Would I be Cap exempt because I already have a H1B and only transfering? I hold a Masters when I applied for my H1B, I went through the lottery process and received my H1B. Do I have to go through the lottery again? And also, in terms of an agreement, all I signed was an at-will offer letter and a letter confirming that I've received my LCA/H1B package. I checked both the stated documents and also my i797 and LCA and couldn't find any agreement that states that I've to work for this employer until a specific period. Am I overlooking any information? Is there any other place I should check to see if they have stated any conditions upon H1B approval?

 

 

There is an at-will offer letter and no contracts per se from my present company. Is there a specific form you want me to check? I shall be sure to check about the notice period though. 

 

 

 

I thought the same too. Do you think I should make sure to check and see if the new offer letter is at-will type as well, so just in case, if things don't work out after I signed the offer letter, I can always walk out? Thanks for the information. 

Go through your agreement and offer letter or any other documents you have signed. As long as you have not used the max allowed of 6 years stay on H1B you are cap exempt. As  itsmeusa suggested join employer only after approval.