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  • Official comment
    Stilt Team

    It is suggested that you take the “safe route” when it comes to this situation. The safe route would be to wait for approval before doing anything else. In the past, one could submit the application for premium processing and an answer could be received within 15 days. Without premium processing, it could be anywhere between 8 and 26 weeks.

    Although the employee is able to begin working at submission and not when the “transfer” is permitted, it might not be a good idea to do this while the H1B is under reform and premium processing is suspended.

    An H1B Transfer is when an H1B visa holder gets a new job, and an employer petitions the sponsorship from his company. It is not considered a transfer because it does not depend on an individual’s current status. It is also not a prolongation of what is currently in place. The visa holder is not counted twice to the regular H1B quota so it can happen any number of times. Because of this, you should not worry about the success rate so much as to make sure that your material has been submitted appropriately.

    Documents possibly required include:
    • Copy of original H1B Visa
    • Copy of University Degree
    • Resume/CV
    • Copy of Social Security Number and Passport
    • Copy of I-94 records
    • About 3 months of pay stubs

    Good luck!

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