1. What is the H-1B transfer process?

The H-1B transfer process allows individuals who currently hold an H-1B visa to transfer their visa to a new employer. The process involves the new employer filing a petition for a new H-1B visa with U.S. Citizenship and Immigration Services (USCIS). The new employer must prove that the employee holds the appropriate qualifications and that the position offered is a specialty occupation. Once the petition is approved, the employee can begin working for their new employer.

2. How long does an H-1B transfer take?

The H-1B transfer process typically takes anywhere from 2 to 8 weeks. However, the exact timeline can vary depending on several factors, including the amount of time it takes for the U.S. Citizenship and Immigration Services (USCIS) to process the forms and any requests for additional information they may have.

3. Do I need a new Labor Condition Application (LCA) for my H-1B transfer?

Yes, you will need a new Labor Condition Application (LCA) for your H-1B transfer. The new employer will need to file a new LCA to demonstrate that the wages the H-1B visa holder will be receiving are in line with the prevailing wage for that occupation in the area of intended employment.

4. Is approval of my H-1B transfer automatic once my petition is filed?

No, approval of an H-1B transfer is not automatic. The petition must go through the United States Citizenship and Immigration Services (USCIS) review process, including verification of the employer’s eligibility and the employee’s qualifications for the position.

5. Do I need a new I-129 form for my H-1B transfer?

Yes. You must submit a new I-129 form for your H-1B transfer. This form is used for all new petitions and amendments to existing petitions.

6. Can I begin working at the new job immediately upon filing for my H-1B transfer?

No, you cannot begin working at your new job until the H-1B transfer is approved and you have received your new H-1B visa.

7. Can an employer withdraw an H-1B transfer petition?

Yes, an employer can withdraw an H-1B transfer petition. The employer must submit a formal request to withdraw the application to the U.S. Citizenship and Immigration Services (USCIS). The USCIS will then process the request and issue a decision on the withdrawal.

8. Are there any filing fees associated with an H-1B transfer?

Yes, the filing fee associated with an H-1B transfer is $460. Other fees may be applicable depending on the situation.

9. Are there any restrictions on the type of work I can do during the H-1B transfer process?

No, there aren’t any restrictions on the type of work you can do during the H-1B transfer process. You are allowed to continue working for the same employer, in the same job, and in the same location. This applies even if the H-1B petition is still pending.

10. What documents are required to file for an H-1B transfer?

Documents required to file for an H-1B transfer include:
1. Evidence of current H-1B status, such as a valid I-94, a copy of the current H-1B approval notice, and a copy of the current H-1B petition (Form I-129);
2. A completed and signed Form I-129, Petition for a Nonimmigrant Worker;
3. An approved Labor Condition Application (LCA);
4. A detailed job description showing the new job duties;
5. Copies of all educational and/or work experience qualifications;
6. Supporting documentation demonstrating that the job qualifies as a specialty occupation;
7. Evidence of employer’s ability to pay the LCA wage rate; and
8. All other documents required to establish eligibility for an H-1B transfer (for example: immigration documents, prior work history, immigration forms).

11. How often can I file for an H-1B transfer?

There is no limit to the number of times you can transfer your H-1B visa, as long as you are in valid H-1B status. However, it is important to note that each transfer requires a new petition with the U.S. Citizenship and Immigration Services (USCIS).

12. Can a dependent spouse and children travel while an H-1B transfer petition is pending?

Yes, a dependent spouse and children may travel while an H-1B transfer petition is pending, provided they have valid visa stamps or advance parole documents.

13. Does the H-1B transfer process require an interview?

No, the H-1B transfer process does not require an interview. However, the U.S. Citizenship and Immigration Services (USCIS) may request an interview if they need more information about the applicant’s background or qualifications.

14. How long can I stay in the US on an approved H-1B transfer petition?

The maximum amount of time you can stay in the US on an approved H-1B transfer petition is three years. After three years, you may be eligible for an extension.

15. Does a change of status from one visa category to another require my presence in the US to be valid?

Yes, a change of status from one visa category to another generally requires your physical presence in the US to be valid.

16. Can I extend my stay in the US if my H-1B transfer is approved?

Yes, you may extend your stay in the US if your H-1B transfer is approved. However, your new employer must submit a petition for an extension of stay to U.S. Citizenship and Immigration Services (USCIS) and you must remain eligible to work in the US for the duration of your stay.

17. What happens if my employer withdraws or revokes my H-1B transfer petition?

If your employer withdraws or revokes your H-1B transfer petition, you will no longer be able to work in the US under the H-1B visa. You will have to apply for a new visa status or leave the US.

18. Is an H-1B transfer petition subject to certain USCIS processing delays or denials?

Yes, H-1B transfer petitions are subject to certain USCIS processing delays and denials. The USCIS can delay processing for a variety of reasons, including a backlog of other applications or petitions, inadequate information provided in the petition, or even a lack of available resources to review the application. The USCIS can also deny an H-1B transfer petition if the applicant does not meet all eligibility requirements or if the application is incomplete or inaccurate.

19. Are there any additional restrictions or requirements for employers filing for an H-1B transfer?

Yes, there are additional restrictions and requirements for employers filing for an H-1B transfer. Generally, employers must:

– Submit evidence of the beneficiary’s current H-1B status, including copies of the H-1B approval notice and visa stamp
– Provide proof of any extensions of stay or changes in employment that have been granted since the employer filed the original H-1B petition
– Establish that the beneficiary has at least 6 months of remaining H-1B validity
– Demonstrate that the job duties and wages offered are commensurate with those in the original H-1B petition
– File a new Labor Condition Application (LCA) with the Department of Labor (DOL) and a new I-129 petition with U.S. Citizenship and Immigration Services (USCIS)
– Pay all applicable filing fees

Additionally, employers must be aware that certain individuals who are subject to the annual H-1B cap may not be eligible to transfer their existing H-1B status to another employer until their original approval period has expired.

20. Are there any limitations on how often I can change employers with an H-1B visa?

Yes, there are restrictions on how often you can change employers with an H-1B visa. You are allowed to make one employer switch in a six-month period, and you must wait until your new employer has obtained an approved change of status petition before beginning work. Additionally, if you are still within the total duration of your six-year H-1B visa period, then you must wait until your new employer has received an approved H-1B petition before you can begin working for them.