H1B Transfer

An H1B transfer allows a foreign national who was previously granted an H1B employment visa to transfer their status to a new job. As an H1B visa allows for an individual to work in the United States under a company that sponsors them, an H1B transfer indicates a new job and therefore a new company that is willing to sponsor this visa. The new employer must have filed a non-frivolous petition on behalf of the foreign national and requires that the alien has not accrued any unlawful presence while in the United States. An H1B transfer is not the issuance of a new visa, but rather a transfer of the existing H1B visa. The H1B visa holder may therefore change their job throughout their H1B status so long as they have an employer that can file a necessary petition for the employment of that holder.

Fast Facts

  • An H1B transfer may only take place if the holder is in lawful status at time of the petition and therefore transfer.
  • The H1B visa holder may not be engaged in any unauthorized employment since their last lawful admission.
  • It usually takes about 3-8 weeks for an H1B transfer to take place through the government.

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