Changing Jobs on an H1B Visa

An employer needs a sponsor to enter the U.S. with an H1B visa. This could make changing professions on an H1B visa a bit challenging, as it requires finding a new sponsor. The beneficiary can change companies with an H1B visa, but they must first complete an H1B visa transfer. TechFetch H1B provides detailed information about the H1B visa transfer process so applicants can better understand the U.S. immigration procedure. Continue reading to understand more about changing employers while on an H1B visa.

An Overview on H1B Visa Transfer

A non-immigrant visa called the H1B allows foreign employees to remain in the nation while they seek employment. They must have a job offer for a position that requires experience or specialized skills to qualify for an H1B visa.

However, because USCIS limits the number of applications issued each year, the beneficiary must be selected in the H1B lottery to obtain an H1B visa. Only 65,000 ordinary petitions are granted visa status, while 20,000 more are granted to people with master's degrees.

H1B visa holders can change employers while maintaining their status. However, they must reapply for the H1B visa to achieve this. Applying for a new H1B and changing jobs while holding an H1B is pretty much the same process. The new company must take the following steps to hire the beneficiary while they have an H1B visa:

• Submit a cover letter outlining the position, responsibilities, start date, and other pertinent details.

• Apply for a Labor Condition Approval (LCA).

• Send a notice to the employee's collective bargaining agent.

• Submit the visa application together with the necessary documentation.

• Pay all fees related to filing.

• Instead of waiting until the H1B petition is accepted, the employee can start working as soon as USCIS receives it.The following documents must also be submitted to USCIS by the employee. They are:

• Cheque stubs

• A recent resume

• Copies of the most recent passport

• I-94 documents

• Social security card

• Visa

Benefits Of Changing Jobs With an H1b Visa

Employees who change jobs while on an H1B still need to complete the H1B application process, but several benefits make it less of a hassle. The beneficiary will no longer be subject to H1B visa limitations because they were previously selected in the H1B visa lottery.

Another benefit, as mentioned above, is that they can start working for the new company immediately after submitting an application for a new H1B instead of waiting for the application to be accepted.

H1B Transfer FAQs- All You Need to Know

The steps involved in transferring an H1B visa have been described in the previous sections. For more specific inquiries about the H1B transfer process, continue reading.

Is there a deadline to start at the new employer once the H1B transfer has been approved?

No, after the petition is granted, there is no time limit when the employee must start working for their new employer. However, they can start before the request is approved. However, be aware of the H1B visa expiration date and apply for an extension if necessary.

Is the H1B transfer procedure affected by the normal H1B Cap?

No, the new employer's H1B petition is not included in the H1B quota calculations.

I was recently sent my H1B transfer approval notice. It lacks a new I-94. What should I do?

I-94s are issued upon arrival in the United States and have an expiration date. The employee may still be able to use I-94 from the original entry, in which case they will not receive a new one.Does your current employer need to know about your visa transfer?

No, the employee need not inform the current employer that the visa will be transferred.

Is there a limit to the number of times I can transfer my H1B visa?

The number of times an employee can transfer the H1B visa is unlimited. The only restriction they need to be aware of is the expiration date of the original H1B visa, which may be extended.

Can I submit an H1B transfer request through more than one employer at a time?

The employee can submit a single application for multiple H1B transfers. They can select which employer to work for if both H1B transfer requests are granted. The application process for both will be the same.

Can an H1B visa holder decide against a visa transfer after it has been approved?

Yes, the employee can choose to stay with the original H1B sponsor if they apply for an H1B transfer and later change their mind.

The Takeaway

H1B visa holders can change careers while maintaining their status. While applying for a new visa is similar to changing jobs while holding an H1B, the new employer must file a new H1B petition and wait for certification. Visit TechFetch H1B to know more about the U.S. immigration system and updates on the H1B visa transfer process.