Visa & Green Card
H1B Transfer Risk Checklist for Indians
Laid off, changing jobs, or navigating an H1B transfer? Answer a few questions about your employment status, petition filing, I-94 validity, and travel plans to get an educational risk assessment and a list of documents to collect.
Not legal advice. Many H1B transfer situations depend on timing, filing, receipt, status, and employer attorney guidance. Confirm with your immigration attorney before making work or travel decisions.
H1B Transfer Risk Checklist
Check your H1B transfer situation
Get an educational risk assessment based on your current status. No personal information collected.
Related H1B guides
H1B Guide Hub
Complete H1B guide for Indian workers
H1B Transfer Guide
AC21 portability, when work starts, RFE triggers
Layoff & 60-Day Grace Period
What you can and cannot do after layoff
Transfer After Layoff
Day-by-day framework for the 60-day window
Premium Processing Guide
15 business days — what it guarantees and what it does not
Processing Delay Checker
Is your H1B case delayed? Educational assessment
Frequently asked questions
What information do I need to use this tool?
Just your current employment status (employed, laid off, etc.), whether a new H1B petition has been filed, whether you have a receipt notice, I-94 validity, and whether you have travel plans or an RFE. No personal information is collected — no receipt number, A-number, or passport information.
Can I start working for a new employer after the H1B petition is filed?
Under AC21 portability, you may be able to start working once the new employer's H1B petition is filed and a receipt notice is issued — but only if you were in valid H1B status at the time of filing, your I-94 has not expired, and you have not violated your H1B terms. Confirm with your immigration attorney before starting work.
How long is the H1B 60-day grace period?
The grace period is 60 days from your last day of H1B employment — or until your I-94 expires, whichever is shorter. During this period you can remain in the US and pursue options, but you cannot work without valid authorization.
Should I use premium processing for an H1B transfer after layoff?
In most layoff situations, premium processing is strongly advisable. Regular H1B processing can take 3–6 months — which is much longer than the 60-day grace period. Premium processing guarantees USCIS will act within 15 business days. It does not guarantee approval.
I received an RFE on my H1B transfer. What should I do?
Contact your employer's immigration attorney immediately — the same day. The RFE has a hard response deadline, typically 87 days from the notice date. Missing this deadline results in automatic denial. Your attorney must lead the response.
Can I travel to India while my H1B transfer petition is pending?
This carries significant risk. You may need a new visa stamp to re-enter the US, especially if your current stamp expired or shows a previous employer. The stamping process at Indian consulates carries 221(g) administrative processing risk that can delay your return by weeks or months. Consult your attorney before booking any international travel while a petition is pending.
Many H1B transfer situations depend on what factors?
Many H1B transfer situations depend on timing (when employment ended, when the petition was filed), filing method (premium vs. regular), receipt notice status, I-94 validity, whether AC21 portability conditions are met, and your employer attorney's guidance. This tool gives educational guidance — always confirm your specific situation with your immigration attorney.