The H-1B visa is a non-immigrant visa that allows foreign workers to work in the United States in specialized occupations. The visa is granted for three years and can be extended for another three years. Therefore, if you are working in the United States on an H-1B visa and wish to change employers, you can continue working through the H-1B visa transfer process.
In this article, we will discuss how to transfer your H-1B visa to a new employer while maintaining your H-1B status.
What Is An H-1B Visa Transfer?
An H-1B visa transfer allows a foreign worker to transfer their H-1B visa from one employer to another. This means that the worker can change employers and continue to work in the United States without having to leave the country. The H-1B visa transfer process is also known as H-1B portability.
How to Change Employers While Maintaining H1B Status
Steps in the H-1B Visa Transfer Process
The H-1B visa transfer process involves several steps that must be completed to transfer your visa to a new employer. These steps include:
Finding a New Employer
The first step in the H-1B visa transfer process is to find a new employer who is willing to sponsor your H-1B visa. You can search for job openings on job boards, company websites, or through networking.
Check Employer’s Eligibility
It’s essential to ensure that the employer you are transferring to is eligible. Many employers must demonstrate they have registered with the U.S. Department of Labor and received certification from them prior to issuing new H-1B visas. Similarly, nonprofit organizations, universities, and research institutions should all be checked for visa sponsorship requirements before any transfer paperwork is filed.
Job Offers and Acceptance
Once you have found a new employer, you will need to receive a job offer. You will need to accept the job offer to proceed with the H-1B visa transfer process.
Understand Processing Time and Fees
Once you have found an eligible employer and agreed to transfer your H-1B visa there, knowing what fees you must pay and the expected processing time for the transfer is critical.
The employer itself will cover the filing fees for the Form I-129 or Petition for a Non-immigrant Worker but may ask that you cover legal consultation or attorney fees associated with the transfer. Applications usually take 2-6 weeks to be accepted by USCIS.
Prepare Documents for H-1B Transfer Petition
Before your employer begins the H-1B transfer process, you will need to prepare and submit several documents for the application to be accepted.
These documents include proof of current visa status (such as a valid passport, visa, or I-94 record); educational documents such as transcripts and diploma; evidence of relevant work experience; proof of good moral character; and a signed employment contract with the new employer. If applicable, you may also have to provide documentation proving any dependent family members who are transferring along with you.
Filing the New H-1B Petition
After accepting the job offer, your new employer will file a new H-1B petition on your behalf. This petition will be filed with the U.S. Citizenship and Immigration Services (USCIS) and will request that your H-1B visa be transferred to your new employer.
If approved, you will receive an I-797C Notice of Action letter that confirms the approval of your change of non-immigrant status. You may then travel to a U.S. consulate to obtain a new visa stamp or travel back to the U.S., and you are free to begin working upon reentering the country with any necessary documentation obtained from the consulate office.
Waiting for Approval
You will receive an I-797C Notice of Action Letter confirming your transfer request and visa status change, permitting you to travel abroad. From there, you must schedule a visit to the consulate or embassy available in your home country.
On the day of your appointment, you will be required to provide additional documents outlining why you need to transfer jobs on an H-1B visa. Once all documents have been reviewed, the consulate officer will issue your new visa stamp stating the job change. Finally, you are free to enter the United States with the new visa stamp and begin working with your new employer.
Start Working for The New Employer
Once the H-1B petition has been approved, you can begin working for your new employer. You do not need to leave the country or apply for a new visa.
Maintaining H-1B Status During the Transfer Process
- Maintaining your H-1B status during the visa transfer process is essential to avoid any issues with your visa. To keep your H-1B status, you must:
- Continue working for your current employer until your new H-1B petition has been approved.
- Ensure your new job offer and position are in a specialized occupation requiring a bachelor's degree or higher.
- Make sure your new employer has filed a new H-1B petition on your behalf before your current H-1B visa expires.
- Ensure that you are still being paid the prevailing wage for your position.
- Make sure you are not out of work for more than 60 days during the transfer process.
If you maintain your H-1B status during the transfer process, you could avoid losing your visa and leaving the country.
Get Help from Grape Law to Navigate the H-1B Visa Transfer Process
Navigating the H-1B visa transfer process can be complicated, and it's necessary to ensure that you follow all the rules and regulations to maintain your visa status. That's where Grape Law can help.
At Grape Law, we have experienced immigration attorneys who can guide you through the H-1B visa transfer process and ensure you comply with all requirements. In addition, we can assist with preparing and filing the new H-1B petition and help you with any questions or concerns about the transfer process.
Our attorneys can advise you on other immigration-related matters, such as visa extensions, Green Card applications, and non-immigrant visas. The immigration process can be overwhelming, but our team is here to help you navigate it every step of the way.
If you need assistance with the H-1B visa transfer process, contact Grape Law today to schedule a consultation with one of our experienced immigration attorneys. We will work with you to ensure a smooth transition to your new employer and help you maintain your H-1B status.
