H1B Transfer Visa

Foreign nationals residing in the United States under a H-1B visa for temporary employment may transfer to a new job if the new employer has filed a non-frivolous petition for the worker and if the worker has not been living in the United States illegally. Instead of pursuing a new H-1B visa, this process is intended to just transfer an existing H-1B visa. The new employer is still required to file a petition with the United States Citizenship and Immigration Services (USCIS), Form I-129, Petition for Nonimmigrant Workers. In order to qualify for visa transfer, the foreign national must be living legally in the United States at the time of filing the new petition and he must not be engaged in unauthorized employment. This transfer allows the visa holder to change jobs while remaining in the United States and to start working for a new employer before USCIS approves the petition for the transfer. Visa holders may go through this transfer process more than once and with more than one company at the same time.

Fast Facts

  • If approved, the new employer will receive a notice of approval Form I-797.
  • Normally the processing time for a H-1B visa transfer petition is 3 to 8 weeks.
  • If the H-1B transfer is not approved, the visa holder will lose the original H-1B visa.

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