H1B Transfer & Change of Employer – Full Guide
The H1B visa is a non-immigrant visa that allows US companies to temporarily employ foreign workers in specialty occupations. If you are currently working in the US on an H1B visa and would like to transfer to another employer, this guide will outline the process and what you need to know.
The country’s H1B visa program makes it easy for foreign workers to get work visas. But it’s not always that simple. After all, the H1B visa is intended for highly skilled workers. In this article, you will learn about the steps to take for a successful H1B visa transfer. (Source)
What is the H1B transfer process like?
The H1B transfer process can vary depending on the specific circumstances involved. However, in general, the H1B transfer process involves the following steps:
1. The employer seeking to transfer an H1B employee to another company initiates the process by filing a petition with the US Citizenship and Immigration Services (USCIS).
2. The USCIS reviews the petition and makes a determination as to whether the transfer is in the best interests of the H1B employee.
3. If the USCIS approves the transfer, the H1B employee is then able to begin working for the new company.
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There are a number of reasons why people go for an H1B transfer.
The most common reason is that they want to change jobs. Sometimes people transfer because they want to move to a different city or state. Other times, they may be transferred to take a new position with a different company.
H1B Transfer Process Steps
The H1B transfer process is relatively simple. The first step is to find an employer who is willing to sponsor your H1B visa. Once you have found an employer, they will begin the process by filing a Labor Condition Application (LCA) with the Department of Labor. After the LCA is approved, the employer will then file an I-129 petition with the United States Citizenship and Immigration Services (USCIS). If the petition is approved, you will then be able to transfer your H1B visa to the new employer.
The H1B visa transfer process is as follows:
1. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL).
2. Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS).
3. If the petition is approved, the employee may then apply for a visa at a U.S. consulate or embassy.
4. Once the visa is issued, the employee may enter the United States and begin working for the new employer.
H1B Transfer Premium Processing
The H1B Transfer Premium Processing is a fast and efficient way to process your H1B transfer. This service is available for an additional fee and guarantees that your H1B transfer will be processed within 15 calendar days.
Who qualifies for H1B Transfer Premium Processing?
The US Citizenship and Immigration Services (USCIS) has resumed premium processing for all H-1B visa petitions as of September 18, 2017. This means that eligible petitioners may file Form I-907, Request for Premium Processing Service for a petition if they wish to do so.
How much does H1B Transfer Premium Processing cost?
The H1B transfer premium processing fee is $1,225.
What’s the H1B Transfer Premium Processing process like?
There is no specific process for H1B transfer premium processing. However, if you are transferring your H1B visa to another employer, they may be able to file for premium processing on your behalf.
What is the H1B transfer premium processing time?
The H1B transfer premium processing time is 15 calendar days from the date that USCIS receives the petition.
H1B Visa Transfer Requirements
To transfer your H1B visa to a new employer, that employer must file an H1B petition with USCIS on your behalf. The petition must be filed while your current H1B status is still valid. If your status has already expired, you will need to leave the United States and apply for a new H1B visa at a U.S. consulate abroad.
H1B Transfer Documents
H1B Transfer Documents
Here are the documents required for an H1B transfer.
1. A copy of your most recent pay stub
2. A copy of your H1B Approval Notice
3. A copy of your passport
4. A copy of your I-94 card
Note: In cases where the Form I-94 Arrival/Departure Record Card is damaged or missing, please submit a Photocopy of the Front and Back of the Document as Required by the Form I-94.
H1B Change of Employer
The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations. A change of employer is possible with this visa, but there are certain conditions that must be met.
The new employer must file a petition with the US Citizenship and Immigration Services (USCIS), and the employee must have an approved Labor Condition Application (LCA) from the Department of Labor. The employee must also have a valid H1B visa in their passport. If the above conditions are met, the employee may start working for the new employer upon approval of the petition by USCIS.
If you’re considering a change of employers, there are a few things you should keep in mind. First, research the company you’re interested in and make sure it’s a good fit for you. Secondly, reach out to your network of contacts and see if anyone can put in a good word for you.
Finally, take the time to update your resume and cover letter so that you’re putting your best foot forward. With a little preparation, you can make a smooth transition to a new employer.
Does H1B transfer require sponsorship?
No, an H1B transfer does not require sponsorship.
How long does H1B transfer take?
The H1B transfer process generally takes around 2-3 weeks.
What if H1B transfer is denied?
If your H1B transfer request is denied, you may need to reapply for the H1B visa through the standard application process.
What happens if H1B transfer is rejected?
If an H1B transfer is rejected, the employee may continue working for the current employer but cannot start working for the new employer. The employee may also be subject to removal proceedings if they are unable to maintain valid status.
How long does H1B transfer premium processing take?
The H1B transfer premium processing takes about 15 days.
Can I transfer H1B while the extension is pending?
Yes, you can transfer your H1B while the extension is pending.
How soon can I start to work while transferring H1B?
The H1B transfer process generally takes around 3-4 weeks.
Can an H1B transfer be denied without RFE?
An H1B transfer can be denied without RFE if the employer cannot prove that the H1B employee has the necessary qualifications for the position. The employer must also show that the H1B employee will not be displacing a U.S. worker.
How long does it take to get H1B transfer receipt?
It can take up to 3 weeks to receive an H1B transfer receipt.
Can revoked H1B be transferred to another company?
Yes, it is possible to transfer a revoked H1B visa to another company. However, the new company must file a new H1B petition on your behalf, and you will need to go through the entire H1B visa application process again.
How does an employer handle H1B transfer denial?
There is no one-size-fits-all answer to this question, as each employer’s policies and procedures may vary. However, some common options for employers to consider when an H1B transfer is denied include:
- Reviewing the denial notice and determining if there are any grounds for appeal
- Discussing the situation with the employee and exploring alternative visa options
- Terminating the employee’s employment if no other visa options are available
Can we start working with LCA after H1B transfer?
Yes, you can start working with LCA after H1B transfer.
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