The H1B visa is a US non-immigrant visa in the work visa USA category. Within the work visa category, the H-1 visa is for people who have specialty occupations. H1B visa is the most popular type of the H-1 visa. When you get to the U.S on an H1B visa you have already found a job, and you will work for a certain employer. However, for some different reasons, you want to change your employer. This is the time you should think of H1B visa transfer, which will be discussed below.
What is H-1B transfer?
Individuals with H-1B visa status, or previous status, have the ability to transfer to a different employer. The process of transfer employer with H1B visa is known as H1B transfer. To be able to apply for an H1B transfer, they must first accept the new job offer is that you still have a valid H1B visa. They can then initiate the H1B transfer status, which could take several months.
H1B Transfer Processing Time
The processing time of a H1B visa transfer takes 1 to 4 months to process under a regular procedure and 15 to 30 days for H1B premium processing. The processing time may vary from case to case, other factors that affect the H-1B transfer process length is the location of employment and which USCIS processing center is responsible for the application.
H1B transfer Process
To start the H1B transfer process, the new employer is required to submit an H-1B visa transfer petition with the USCIS. The H-1B visa holder cannot file on his/her own behalf.
The process of applying for an H1B transfer visa is as follows:
Step1: Get a new employment offer
You must find a new job and new employer before starting H1B transfer process. You cannot transfer to another employer if you have not yet been offered the job.
Step2: The employer needs to get a Labor Condition Application (LCA) from the Department of Labor (DOL)
To hire a foreign worker, U.S. employer must have a LCA certification. Aftter the employer gets this certification, they can continue with the other steps.
Step 3: The employer has to file the I-129 form with USCIS
Employer will fill the I-129 form for permission to hire foreign workers. This form is submit to USCIS and process here. In addition, the employer also has to file Form I-9 or the Employment Eligibility Verification form to USCIS.
Step 4: The U.S employer pays the relevant fees
Employer will have to pay the relevant fees during this process.
Step 5: The employee or the applicant has to submit required documents to USCIS
Because you already have an H1B visa, you will not need to go through the entire process of applying for it again.
Tips for H1B transfer process
To ensure your H1B transfer visa process get on the right way, we will show you some mistakes that lead to H1B Transfer denied. You should avoid the following mistake when applying your H1B transfer visa:
➤ 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
➤ If you apply for an H1B transfer for a job offer that you got, but cannot prove you have the qualifications for it, your transfer will be denied.
➤ If they believe that there is not enough proof of such a relationship, they will deny the H1B transfer.
➤ If your employer has not submitted enough financial documents to prove that they can afford to pay your salary, USCIS will deny the H1B transfer.