H-1B Visa Transfer
(Specialty Occupations)

H-1B visa holders may change employers as soon as a new H1B petition is filed to the USCIS by the new employer

Introduction:

H-1B visa is a U.S. non-immigrant visa used by foreign nationals  who wish to enter the United States for the purpose of work. The foreign nationals will be employed temporarily in a specialty occupation. Specialty occupation is one that requires highly specialized knowledge and minimum a bachelor’s degree in a related field. It includes business specialties, accounting, architecture, engineering, education, law, mathematics, medicine and health, social sciences, theology, and arts.

In order to qualify for H-1B visa, aliens must need a sponsoring U.S. employer. The sponsoring employer must file the petition with the USCIS on behalf of the employee the employer wish to hire. Upon the approval of H-1B visa petition, the alien may apply for an H-1B visa stamp at the U.S. Embassy. Once the visa is approved, the foreign national is permitted to stay in America for a period of three years with possible extension for three more years.

Transfer of H-1B Visa:

According to the American Competitiveness for the 21st Century Act (AC21), a foreign national who is previously granted with H-1B employment visa status may transfer to a new H-1B job provided that the new employer has filed a non-frivolous petition on behalf of the foreign national. Also, it requires that the alien has not accrued unlawful presence in the United States.

H-1B visa transfer is not the issuance of a new visa but merely a transfer of the existing H-1B visa. In other words, a H-1B visa holder may change his/her job through H-1B visa transfer. In order to transfer the H-1B visa status, the new employer would have to file a petition with the USCIS regarding the employment of the H1B visa holder.

In order to qualify for H-1B visa transfer,

• H-1B visa holder must be in lawful status at the time of filing the petition for visa transfer.
• H-1B visa holder has not engaged in any unauthorized employment since his or her last lawful admission.

Benefits of H-1B Work Visa Transfer:

• H-1B visa holder may start working for new employer prior to the approval of H-1B visa transfer.
• 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.

For transferring H-1B visa, the future employer has to file the Form I-129, Petition for Nonimmigrant Workers. There is no need for the job seeker to wait until petition is approved. Once the petition is approved, the future employer is sent a notice of approval, Form I-797.

The process of filing H-1B visa transfer petition is same as the process for filing a new H1B visa petition. Normally, 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. Visit H-1B Visa Process page to know more about processing H-1B visa.

Document Requirements for H1B Work Visa Transfer:

• 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.

To know more about H-1B Visa Transfer, contact us or call us at (918) 258-6092.

Points to Remember:

• If H-1B visa transfer is not approved, your original H-1B visa will be lost. So, it is recommended to complete the visa transfer before entering into the new job.
• You are not permitted for H-1B visa transfer, if an H-1B visa renewal/extension is filed on it.