How to Transfer an H1B to New Employer

The H1B is a non-immigrant visa which allows you to work in the United States. Your H1B visa must be sponsored by your employer. If you change your employer, you must transfer your H1B visa to the new employer.

Transfer

An H1B transfer does not result in the issuance of a new visa. It is merely a transfer of the existing H1B visa to the new employer. The new employer must file a petition with the United States Citizenship and Immigration Services (USCIS). There is no need for the H1B visa holder to leave the United States pending the transfer. The new job must be in the same or similar occupational classification as the initial job and labor certification.  

Eligibility

To be eligible for an H1B transfer, H1B visa holder must in lawful status at the time of filing the petition for visa transfer and must not have engaged in any unauthorized employment since his or her last lawful admission. You can apply for an H1B transfer more than once. You are allowed to apply for an H1B visa transfer with more than one company at the same time.

Documents

The new employer must file Form I 129, Petition for Nonimmigrant Workers with the USCIS. Generally, it takes about 3 to 8 weeks for processing the petition of H-1B visa transfer application. The processing time may vary widely depending upon the location of employment and the processing office. The new employer can request for premium processing of the petition by paying the additional fees. Premium processing means that the petition will be processed in 15 days. If the USCIS is unable to process the petition within 15 days, the additional fees will be refunded. You must also submit the following documents:

• Latest resume;
• One or two latest pay slips;
• Photocopy of your existing H-1B visa approval;
• Photocopy of your existing valid visa;
• Copy of valid passport;
• Photocopies of the Form I-94 (Arrival-Departure Record);
• Copy of your Diploma/Degree certificate; and
• Copy of your social security card.

When the petition is approved, the new employer will receive a Form I 797 - Notice of Approval from the USCIS. You need not wait until your petition is approved. You can start working immediately upon the receipt of your transfer petition by the USCIS.

Getting Legal Help

US immigrations laws are complex. Although an H1B transfer may sound simple, it is a complex process. Your petition can be rejected on various grounds. This can prove costly. To avoid such situations, you should always consult with an experienced US immigration attorney.