Avvo Rating: 8.8. The key requirement for an H1B Visa is that the position must be in a specialty occupation. H1B visa holders can change their employer while in the US under a process which is known as the H1B transfer. Tel 415.395.9331 | Fax 415.395.9372 | Contact For visitors, travel, student and other international travel medical insurance. We will need to discuss and document each of those items in detail. Web5. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. H1B Transfer after entering US in short time, H1B Transfer after working in US, applicant in US, H1B Transfer after working in US, applicant outside of US. I-797 is a form used to confirm that the employee is eligible for the H1B visa. The USCIS reviews the petition and makes a determination as to whether the transfer is in the best interests of the H1B employee. A: There are several factors which might affect the start date. Can I still go back to old employer after joining new employer on H1B? But if you choose this method of processing, it will only take 15 to 30 days to process your application. Well also provide the process for changing jobs in H1B for the transition and avoiding any potential problems. As the H1B visa stamp has the name of the company that sponsored the H1B Visa, many assume that the visa stamp is also tied to the employer and that they need a H1B transfer process is nothing but filing a new H1B visa petition with USCIS that is done using the above Change Employer option, but that does not have through go through the H1B Registration process or H1B Visa lottery, because the applicant has already been counted in the H1B visa quota cap. However, it is often helpful to have this document in case there are any questions or issues with the application process. This filing may be established with FedEx or UPS confirmation of delivery of the petition or, more conservatively, with the actual USCIS hard-copy receipt. Lastly, the actual structure of the work and hourly limit depend on you and your new employer. Can I transfer H1B while the extension is pending? Any H1B Sponsor can file H1B transfer petition, which is basically a new H1B petition based on your current approval notice, on your behalf without any permission from your current employer. The H1B Transfer Premium Processing is a fast and efficient way to process your H1B transfer. Once approved, you will receive a new i797 notice of approval with a new i94 attached to paper i797. Submit the required documentation and provide your best possible application. The countrys H1B visa program makes it easy for foreign workers to get work visas. This website is not officially or otherwise affiliated or endorsed by any Government agencies. However, it is always advisable to contact them in case there are any inaccuracies or questions that need to be clarified. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} First, research the company youre interested in and make sure its a good fit for you. Can Employer B apply for H1B transfer without H1B Approval Notice from Employer A? This means that you do not count towards the visa cap to get the transfer. Regular processing generally takes from one to six months to have a decision made. Manage Settings As there is no concept of transfer, it is still possible that the new petition would be approved. */. Readers should not act upon the information contained in these FAQs without first seeking advice from a qualified attorney. If your visa stamp has already expired, you will have to get your visa stamp at the consulate before being allowed to enter into the U.S. again. Check out popular travel insurance plans and choose one that suits you for your trip. Typically, the DOL will approve the LCA within 7 calendar days. If the person is currently working on an H-1B visa for one employer (or has worked in the recent past), and when such person changes jobs to another employer, the new employer has to file a new H-1B petition for the employee. When you get to the US on an H1B visa you have already found a job, and you will work for a certain employer. I am currently working for employer A, interviewed with employer B after receiving a referral from someone very senior and received an offer. Other times, they may be transferred to take a new position with a different company. With a little preparation, you can make a smooth transition to a new employer. To transfer your H1B visa to a new employer, that employer must file an H1B petition with USCIS on your behalf. You will also need to provide evidence of your salary and qualifications for the new job. The process of applying for an H1B transfer visa is as follows: If you are currently working for employer A, you will need a job offer from employer B in the US to initiate the H1B transfer visa process. You cannot transfer to another employer if you have not yet been offered the job. i am going to come to us now. Concurrent H1B Employment Between Cap-Exempt And Cap-Subject Employers. You can work for your previous employer after transferring your H1B visa. After filing all of your documents, it is important to pay the fees. Now upon my resignation, my current Employer B in India offered me to have my H1B transferred for the role Senior Solutions Architect with reportees so that my GC in EB-1 C category can be processed as soon as possible since I manage the resources here and in USA also. Copy of your existing H1B approval. How to Check US Visa Status Online? Yes, you can transfer your H1B while the extension is pending. You can continue working for the same company as before. When the new petition is filed by a new employer, it may generally be with a request to extend the H-1B status. RedBus2US.com 2010 - 2023, All Rights Reserved. If you or your employer mistakenly submit insufficient fees or you completely forget to pay one of the fees, USCIS will deny the H1B transfer. Employers can get this document from the US Department of Labor. You are eligible for H1B transfer, if you were counted in cap once and have not used up all 6 years of time. The loan then gets disbursed into your U.S. bank account within a reasonable number of days (some lenders will be as quick as 2-3 business days). i have applied for first time h1b in july 2011. and i got approval of it. .manual-search ul.usa-list li {max-width:100%;} If youre considering a change of employers, there are a few things you should keep in mind. now i have another company who wants to hire me full time. How much does H1B Transfer Premium Processing cost? In case you had an approved H-1B petition from an employer, but never worked in the U.S. because you never entered the U.S., it is still possible for the new employer to file a new H-1B petition for you without any new paystubs. Latest Resume. If your application meets the eligibility criteria, the lender will contact you with regard to your application. Passport copies. Can I transfer my H1B immediately after approval? Depending on the size of the company, the H1B filing fee can vary anywhere from $1,700 USD to $7,900 USD + the attorney fee( if any). Citizenship and Immigration Services, Department of Labor/Foreign Labor Certification. In some situations, you may even have H1B visa stamped in passport using old employer. The employee must also have a job offer from a U.S. company that is sponsoring the visa. H1B Visa Stamping: H1B Visa Interview Documents and More, Complete Guide to the H1B to Green Card Process. In the above situation, as the applicant meets both of these, they can do H1B transfer to a new employer, if someone is willing to file a new H1B petition on their behalf. It can take up to 1 to 4 months for the H1B transfer application to be processed, but this time may vary depending on the specific circumstances of your case. Also, with H1B transfer, you do not have to wait until march or April of next year, when H1B season starts, to file H1B petition. The employee can start working at their new workplace from the date mentioned in the H1B transfer petition submitted to the USCIS. I had an interview few days ago and the interviewer asked my visa status. Most H1B workers intention is to move to a H-1B Transfers: Factors Affecting Start Date (for Employers), FAQ Regarding Marijuana Use and Immigration Consequences. 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. This website uses cookies, some of which are essential for the functionality of the website while others are for improving user experience and personalization. Id like to get a better understanding of what would happen after a layoff. Usually, this situation arises when the H1B holder after arriving in US, realizes that the employer is not the right fit or they have a better offer from another employer and they want to transfer immediately. The most important document is your current resume I-94 records. Copy of Bachelors/ Masters Degrees or any higher education. I was with Employer A in 2019 who applied H1B for me for the role Senior Consultant and got it stamped in the same year but I never travelled to USA. After you have submitted your information, you will need to file a Labor Condition Application (LCA). In addition, it tells the US government that the employer hires legally admitted foreign workers. But its not always that simple. The fundamental difference is that with H1B transfer, the applicant does not have to go through H1B Registration Lottery to be counted for cap. After your given signal, you will need to file the visa application and supporting documents.