How H1B Transfer Works

An H1B transfer refers to the process of transferring an existing H1B visa from one employer to another without having to leave the United States. Here’s an overview of how an H-1B transfer typically works:

Find a new employer: Begin by searching for a new job with a different U.S. employer who is willing to sponsor your H-1B transfer. The new employer should file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS).

Job offer and acceptance: Once you secure a job offer from the new employer, review the terms and conditions, including the position, salary, and other benefits. Once you accept the offer, the new employer will initiate the H-1B transfer process.

H-1B transfer petition: The new employer will file a new H-1B petition with the USCIS. This petition is similar to the initial H-1B petition but is specifically designated as a transfer. It will include the relevant documentation, such as the job offer letter, Labor Condition Application (LCA), and supporting evidence.

USCIS processing: The USCIS will review the H-1B transfer petition submitted by the new employer. They will evaluate whether the new employer and the foreign worker meet the requirements for an H-1B transfer. This includes assessing the worker’s qualifications, the validity of the job offer, and compliance with relevant regulations.

Employment Authorization: During the H-1B transfer process, you are allowed to continue working for your current employer until the transfer is approved. Once the USCIS receives the H-1B transfer petition, you can begin working for the new employer immediately after receiving a receipt notice, which confirms that the petition has been received and is being processed.

Approval and Start of Employment: If the USCIS approves the H-1B transfer petition, you can start working for the new employer on the approved start date mentioned in the petition. Your new employer will provide you with an updated H-1B approval notice, which you should keep for your records.

It’s important to note that the H-1B transfer process can take several months, and it’s advisable to start the process well in advance to ensure a smooth transition between employers. Additionally, it’s crucial to consult with an immigration attorney or a qualified professional to guide you through the H-1B transfer process and ensure compliance with all legal requirements.

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