H1B Visa Transfer

Last Updated on July 18, 2024 by Anda Malescu

This article discusses important questions about H1B visa transfer, a process that allows you to switch employers while retaining your H-1B status.

The H-1B visa is a nonimmigrant visa category that allows foreign workers to work in the United States in specialty occupations. H-1B visas are for specialty workers and fashion models. The visa is granted for 3 years, with extensions possible up to a maximum of 6 years (some exceptions apply).

But what if you already have an H-1B visa and want to explore new job opportunities and change employers? With an H1B visa transfer you can switch to a new employer, maintain your H1B status and continue working through the H1B transfer process.

Here, we provide a comprehensive overview of the H-1B transfer process, highlighting its advantages, eligibility requirements and processing times.

1. What is H1B visa transfer?

An H1B visa transfer also known as H1B portability allows an H1B visa holder selected in an H1B lottery to transfer their H1B to another employer. This means that the H1B visa holder can find a new job and transfer to a new employer without another lottery process.

2. Who is eligible for H1B transfer?

If you have already been selected in the H-1B lottery, you are generally eligible to transfer your H1B visa to a new employer while maintaining your status.

However, an H-1B visa holder working on a cap-exempt H-1B is not allowed to transfer the H-1B to a cap subject employer. If your current H-1B is cap-exempt (universities, research institutions), transferring to a cap-subject employer (for-profit companies) usually requires a new H-1B petition with lottery participation. Essentially, because you were not counted against the cap initially, you are not eligible for H1B transfer to a cap-subject employer unless you go through the lottery again.

3. Transfer requirements

To be eligible for an H1B visa transfer, you must meet the following requirements:

4. Steps for H1B visa transfer process

5. H1B transfer timeline: How long does H1B transfer take?

You can transfer H1B immediately after approval.

The H-1B transfer process can vary significantly in timeframe, ranging from one to six months. Here’s a breakdown of the H-1B transfer timeline:

6. H1B transfer premium processing

Even if you initially did not apply for H-1B transfer with premium processing, you can still upgrade your H-1B visa petition to premium processing and obtain an answer in 15 days. To do that, you must file Form I-907 Request for Premium Processing Service with the required filing fee with USCIS.

The H1B premium processing fee is $2,805.

7. H1B visa transfer processing time

H1B transfer processing time is anywhere from 15 days days to 4 months or more depending on whether you submit your H1B change of employer petition with premium processing or not.

The processing time for H1B filed via regular processing is 4 to 6 months.

The processing time for H1B transfer filed via premium processing is 15 days.

Keep in mind that you can upgrade an H1B transfer to premium processing at any time by submitting a request for premium processing with USCIS together with required filing fee.  

To learn more, visit H1B transfer success stories and Travel During H1B Transfer.

8. H1B transfer status and working

H-1B employees can change employers and transfer their H-1B status to a new employer if they have not worked without authorization since their last entry in the U.S.

If you cease employment with your current employer, you have up to 60 calendar days grace period to transfer your H-1B to a new employer.

During the H-1B transfer process, you have the flexibility to either:

• Begin work with your new employer, or
• Continue working with your current employer.

Start working with new employer

You can begin work for the new employer while the H1B transfer petition is pending but only after USCIS receives the H1B petition. You receive Form I-797C, Notice of Action which acknowledges receipt of the petition by USCIS.

If the petition is approved, you can continue working for the new employer. If the petition is denied, you must stop working and potentially leave the United States.

Continue working with current employer

You can also continue working for your current employer while your H1B transfer is pending. In that case, if the H1B transfer is approved, you can start working for the new employer as indicated on the USCIS approval notice. If the petition is denied, you can continue working for your current employer.

9. H1B transfer cost

10. H1B transfer documents

Successfully transferring your H-1B visa to a new employer requires submitting the necessary documentation to USCIS, including:

Malescu Law can assist

The H1B transfer process can be complex, and consulting with an immigration attorney specializing in H-1B transfers is highly recommended, especially for startups less familiar with the regulations.

If you are an employer, seeking to transfer your employee’s H-1B, contact our H1B visa lawyers in Miami, Florida USA to schedule an appointment.

We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.

Legal Notice: The information provided in this article constitutes the author’s conclusions and opinions developed in the author’s capacity as a Board Certified attorney, licensed in the State of Florida. The author and this website expressly prohibit the use of this material, including any of our audio, video, chat, images, text or other information provided to train any artificial intelligence (AI) models or to be used or transmitted by such AI models in any form without the prior written permission of the author.

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