H1B Transfer: How To Change Jobs on an H1B Visa

H1B holders can change employers. In addition, an employee with H1B status is exempt from requesting authorization from their previous employer. Before changing jobs, the employee must meet all non-complete and contractual requirements. TechFetch H1B provides detailed information about the H1B visa transfer process so applicants can better understand the U.S. immigration procedure.

An Overview on H1B Transfer

An employee can change jobs while holding H1B. The employee should file an employment status application or LCA in order to transfer an H1B visa to another company. Second, they must compile all the required documentation, complete I-129 Form and the USCIS petition, and submit it. The petition will be approved or denied after that by the USCIS following a review. An H1B holder should comply with specific transfer procedures for transfer, which include:

The H1B holder's new employer must file a transfer petition with USCIS.
The employee should not have breached any of their visa conditions or committed any illegal activity while in the United States.
Prior to the termination of the present period of employment, the petition must be filed with USCIS.
The individual may begin work at their new place of employment as of the date specified in the transfer petition filed by USCIS. The employee can begin work immediately after the new employer receives the receipt.
Premium processing paperwork must be completed if the worker resigns from their job with the previous company before the visa transfer.

Details on H1B Transfer Paperwork

To transfer an employee with an H1B visa, both the new organization and the worker must present the following documents mentioned below. The employee has to provide:

I-797 & I-94 Forms and, in some circumstances, a U.S. visa
Evidence of employment (or a letter from the employer)
College degree
Recommendation Letter
Academic details

The employer must provide:

An official letter signed by the company and the holder of the visa transfer describing the new position, job title and salary
Marketing materials for the business
Firm financial records, business plans and annual reports
Supporting documentation for a detailed breakdown of the employer's obligations

Employees with a past H1B visa who are now abroad can request that their company file an H1B petition that is exempt from the cap. To be eligible, individuals must show that they had H1B status for the previous six years.

Therefore, they must participate in the H1B lottery, which USCIS conducts if they move from a cap-exempt business to a cap-capable business. Most people think that entering the country via a cap-exempt owner and then transferring to a capped employer can avoid going through the lottery procedure. But, this cannot be true, as the employer must file an I-129 Form. If your new business is not cap-exempt, the petition to move the visa has to be filed cap-subject.

Other Essential Requirements of H1B Transfer

An H4 visa is provided if the H1B visa holder has a partner or small child(under 21 years of age) to enter the country. H4 holders get many advantages, including the opportunity to learn in the United States and the freedom to leave and enter the country without limitations.

The primary H1B holder should file I-140 Form and obtain USCIS approval to be eligible for the EAD card. An H1B holder cannot renew the H4 visa if they change jobs during this period until the I-140 has been granted.

H1B Transfer Cost

USCIS charges employers other required transfer fees, in addition to legal fees. These consist of:

$460 is the minimum filing fee.
$500 fee for fraud prevention and detection.
Depending on the number of staff, the cost of ACWIA training ranges from $750 - $1,500.
$4,000 public fee if there are beyond 50 workers.
$1,225 processing fee (premium).

Processing of Visa H-1B Transfer Premium

By paying an additional $1,225 for processing it in a premium way, USCIS's decision on transferring an H1B visa can be made within fifteen days of application. However, processing in a premium manner does not guarantee an H1B transfer approval. If errors are discovered, they can get rejected. The H1B lottery procedure will be required if the employee changes from an employer exempt from the cap to one subjected to it.

Final Thoughts

Employees who wish to transfer their H1B visa to another company must complete Form I-129, complete an LCA, and gather all necessary documentation. The petition is then approved or denied by the USCIS. H1B visa transfer applicants must provide supporting documentation, and the new company must file Form I-129. The employee should not leave their current job until the transfer request has been approved. USCIS will not begin processing the petition until at least 4 to 8 weeks have passed since the application was filed. TechFetch H1B provides up-to-date information about the H1B visa transfer process, guides you through the entire U.S. visa immigration process, and protects you against exploitation.

H1B Visa Transfer Process

H1B Transfer: How To Change Jobs on an H1B Visa