The H-1B
Transfer process is a way for H-1B visa holders to change employers without having to go through the H-1B lottery process again. The process is relatively straightforward, but there are a few key steps that H-1B visa holders and their new employers need to take in order to ensure a smooth transition.
The first step is for the new employer to file a Labor Condition Application (LCA) with the Department of Labor (DOL). The LCA must attest to the following:
That the new employer will pay the prevailing wage for the position
That the new employer will not displace any U.S. workers
That the new employer will provide the H-1B visa holder with a worksite that meets certain health and safety standards
Once the LCA is approved, the new employer can file Form I-129, Petition for a Nonimmigrant Worker, with USCIS. Form I-129 must be accompanied by a variety of supporting documents, including the H-1B visa holder’s passport, visa, and I-94, as well as a copy of the approved LCA.
USCIS will review Form I-129 and the supporting documents, and will either approve or deny the petition. If the petition is approved, the H-1B visa holder will be able to start working for the new employer.
The H-1B Transfer process can take several weeks or months to complete. However, if the new employer files for premium processing, USCIS will review the petition within 15 calendar days.
Here are some of the key benefits of the H-1B Transfer process:
It allows H-1B visa holders to change employers without having to go through the H-1B lottery process again.
It can be a quicker and more straightforward process than obtaining a new H-1B visa.
It allows H-1B visa holders to stay in the United States and continue working in their field.
If you are an H-1B visa holder who is considering changing employers, the H-1B Transfer process may be a good option for you. However, it is important to consult with an immigration attorney to ensure that you meet all of the requirements and that the process is completed correctly.
Here are some of the key things to keep in mind when considering an H-1B Transfer:
You must have a valid H-1B visa in order to transfer to a new employer.
Your new employer must file an LCA with the DOL.
You must file Form I-129 with USCIS.
You must meet all of the requirements for H-1B status.
The process can take several weeks or months to complete.
If you are considering an H-1B Transfer, it is important to consult with an immigration attorney to discuss your specific situation and to ensure that you meet all of the requirements.
Can h1b transfer applicant work right away?
Yes, an H-1B transfer applicant can start working for the new employer immediately upon filing the H-1B petition with USCIS. This is known as “pre-approval employment”. The only requirement is that the applicant has not been employed without authorization in the United States.
To start working on pre-approval employment, the new employer must file the H-1B petition with USCIS and provide the applicant with a copy of the receipt notice. The applicant can then start working for the new employer as soon as they receive the receipt notice.
It is important to note that pre-approval employment is not guaranteed. The H-1B petition may still be denied by USCIS. However, starting work on pre-approval employment can give the applicant peace of mind knowing that they are already working for the new employer while the petition is pending.
Here are some of the key things to keep in mind about pre-approval employment:
You must have a valid H-1B visa in order to start working on pre-approval employment.
Your new employer must file an H-1B petition with USCIS.
You must receive a copy of the receipt notice from USCIS.
You must not have been employed without authorization in the United States.
Your H-1B petition may still be denied by USCIS.