Key Takeaways
- H-1B portability protects your work authorization during a transfer — you can continue business activities
- The I-797C receipt notice for the transfer petition is the key document for the funding application
- Business funding during H-1B transfer is processed normally at Bankable Funds
- Your business entity (LLC) is separate from your H-1B employer relationship — transfers don't affect ownership
- H-1B-owned businesses generate revenue independently of your employer transfer status
H-1B holders can get business funding during an employer transfer. Under H-1B portability provisions (Section 106 of the American Competitiveness in the 21st Century Act), once you file an I-129 transfer petition, you are authorized to continue working while the petition is pending — as long as you have been employed for at least 180 days under an approved H-1B petition.
H-1B Transfer and Business Ownership
An H-1B employer transfer affects your authorized employment relationship — not your business ownership. Your LLC or corporation exists independently of your H-1B employer. During a transfer:
- Your business entity (LLC) continues unchanged
- Business revenue continues flowing
- Business bank accounts remain active
- You continue as the business owner (equity holder)
- Any non-H-1B work activities in the business may be affected if they constitute unauthorized employment
Documentation for Funding During H-1B Transfer
- Form I-797C — Receipt notice for the pending I-129 transfer petition
- Current H-1B approval notice (I-797A or I-797B) from your previous employer
- Current I-94 — Shows your H-1B admission period
- Business bank statements — Your primary revenue qualification document
Applying for Funding During Transfer
Bankable Funds evaluates H-1B transfer applicants based on their business's revenue performance. The transfer itself is noted but does not affect the funding decision if the business has strong revenue history. Complete the Bankability Score assessment to see your current funding range.
Frequently Asked Questions
H-1B portability protects your right to work for an H-1B employer. Working in your own business in an employment capacity (not just as an investor) requires that your company be the H-1B sponsor. The transfer portability covers your new employer relationship, not self-employment. Consult an immigration attorney.
A gap between H-1B employment without a pending petition means your work authorization has lapsed. You should not be working in any capacity during this gap. Business ownership (passive investor role) continues but active management is not authorized. Filing the new H-1B petition with portability provisions protects you going forward.
Your H-1B employer relationship has no direct legal connection to your business loan. The loan is an obligation of the business entity. Changing employers does not trigger any loan provisions. However, if your transfer creates an employment gap that affects business operations, communicate with your lender proactively.
If the H-1B transfer petition is denied, your work authorization may be terminated. You would need to immediately consult an immigration attorney about options including appeal, motion to reconsider, or alternative status. Your business loan continues as a business obligation; the denial does not trigger loan acceleration.
Yes — this is called H-1B self-sponsorship and has been approved by USCIS in specific circumstances. The employer (your company) must have control mechanisms separate from you as the employee, typically a board of directors or outside shareholders. This is complex and requires an experienced immigration attorney.
Applying before a transfer, when your current H-1B is clearly valid and fully approved, is the cleanest scenario for documentation. However, Bankable Funds processes transfer-period applications routinely. The business revenue quality matters far more than the transfer timing.
H-1B transfers have no effect on your business credit. Business credit is tied to the EIN, not the owner's employment status. Your business credit history continues uninterrupted through any immigration transitions.
Yes. Multiple H-1B holders (or H-1B holders co-owning with other visa holders) can jointly own a business and apply for funding together. The business entity is evaluated on its collective revenue regardless of the co-owners' individual immigration situations.