Should I initiate an H1B transfer while my current H1B transfer is still pending?

As others have indicated, without knowing your entire situation it is difficult to determine the best solution for you. Here are a few things I can tell you about H1-B transfers:

  • Current H1-B visa holders can transfer their visa and start work for a new employer as soon as an H1-B transfer petition is ‘submitted’ to the USCIS by the new employer (you don’t have to wait until the transfer is actually issued, only submitted).
  • Transfers are unlimited and are not considered part of the H1-B visa cap that is issued each year.
  • Laws allow you to change jobs upon filing a petition by the new employer as long as you are in good legal standing.
  • You can start a new job under your H1-B visa so long as the new employer goes through the proper filing procedure.
  • If you have filed for an adjustment in your status and have been waiting 180+ days you may still change jobs as long a it is similar to your previous position and this with not impact your I-40 validity or labor certification.

Of course, there are many factors about your situation that are unknown so it is not clear at this time about why you are wanting to initiate a new transfer. To best answer this question, you should consult the advice of an immigration attorney. They can assist you with understanding your options and how you should proceed.

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