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H1B Transfer Process & Documents

H1B Transfer Process & Documents

The H1B visa is a non-immigrant visa that allows a U.S. employer to temporarily recruit and employ foreign workers in specialty occupations within the USA for a specific time. The employer initiates the process.

What is H1B Transfer?

If an H1B employee wishes to change employers, they can do as such through a process known as the H1B transfer. To apply, the employee should accept the new job offer while their H1B visa is still valid. The process for a transfer is similar to the initial application. A key contrast is the lack of a visa cap for transfers. Initial H1B visas are covered by 65,000 individuals each year, while there is no transfer cap. Transfers don’t count toward that 65,000 caps.

H1B Visa Transfer process

The H1B visa transfer process can take 1 to 4 months under standard methods and 15 to 30 days for premium processing.

The H1B transfer process is like applying for the H1B visa initially One difference between the initial H1B visa and the H1B visa transfer is the lack of a visa cap. The H1B visa has a cap of 65,000 individuals yearly that can get this visa. Yet, the H1B transfer has no visa cap. So if you already have an H1B visa, then you don't go through the H1B lottery. This implies that you don't figure in with the visa cap to get the transfer.

The process of applying for an H1B transfer is as per the following:

Get a new employment offer

In case, if you are presently working for employer A, then you will require a job offer from employer B in the US to start the H1B transfer visa process. You can't transfer to another employer if you have not yet been offered the job yet.

The new employer gets an LCA (Labor Condition Application) from the Department of Labor

Employers can't recruit foreign workers without an LCA certification. The certificate ensures the employee that the employer will treat them decently by paying a full wage and giving a decent workplace, and it guarantees to the government that the employer recruits legally admitted foreign workers.

Employer files the I-129 form with USCIS

The I-129 form is permission to recruit foreign workers and is processed by the United States Citizenship and Immigration Service. The USCIS approves or denies the petition.

While the form is being processed, the USCIS gives a receipt number to the employer and employee. When the receipt is gotten, the employer can start working. If the petition is approved, the employer and employee get an I-797 form that demonstrates the employee can legally work for that employer. Also, the employer files Form I-9 and the Employment Eligibility Verification form with the USCIS.

H1B Transfer Fees

Aside from any lawyer fees, there are other required transfer fees imposed by the USCIS on employers, once per beneficiary. These include:

❂ A basic filing fee for Form I-129 of $460

❂ Fraud detection and prevention fee of $500

❂ ACWIA training fees from $750 to $1,500 relying upon the number of workers

❂ Public law expense of $4,000 if the number of employees is more than 50

❂ Premium processing fee of $1,225 (dependent upon suspension)

During The H1B Transfer Process, The following documents need to be required:

➽ Copy of offer letter from employer.

➽ Up to 3 months' latest pay stubs.

➽ Copy of your existing H1B approval.

➽ Passport Copies.

➽ Copies of I-94 records.

➽ Copy of Social Security Card.

➽ Updated Resume.

➽ Copy of current valid visa.

➽ Copy of all your Diploma/Degrees.

Already, if you have an H1B visa, you won't have to go through the whole process of applying for it again. So you won't file a DS-160 Form. only you need to submit those documents to USCIS and they will process them. The only condition to applying for a transfer is that your ongoing H1B visa is still valid. In case, if it expires, you can't apply for a transfer, however, you should apply for the H1B visa again from the beginning.

What is H-1B Transfer Processing Time?

The processing time for the H1B transfer is dependent on the method for processing. Generally, the processing time of an H1B visa transfer takes up to 90 days after submitting the application to USCIS. It might vary from case to case.

However, if the candidate needs the processing fast, then they can pay the H1B transfer premium processing. The fee for premium processing is $1,225. It will only take 10 to 15 days to process your application.