transferring an h1b before working for the first employer

Good Luck. The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations. The employee must also have a valid H1B visa in their passport. In prior years of low demand, employers could file H-1B petitions throughout the year as the number of available visas was slowly reduced. The process of applying for an H1B transfer visa is as follows: If you are currently working for employer A, you will need a job offer from employer B in the US to initiate the H1B transfer visa process. You cannot transfer to another employer if you have not yet been offered the job. However, the new company must file a new H1B petition on your behalf, and you will need to go through the entire H1B visa application process again. If the person is currently working on an H-1B visa for one employer (or has worked in the recent past), and when such person changes jobs to another employer, the new employer has to file a new H-1B petition for the employee. By regulation, H-1B applications can be submitted no earlier than 6 months before the jobs start date. If you or your employer mistakenly submit insufficient fees or you completely forget to pay one of the fees, USCIS will deny the H1B transfer. Continuing employment with a related, successor, or reorganized employer, as long as the employer obtains and maintains records and Forms I-9, where applicable, The Department will notify the public of any further actions as appropriate once it completes its review. This form proves that the employee is legally allowed to work in the US for that specific employer. This means if you change jobs, your new employer will need to file a fresh petition on your behalf prior to the expiry of your existing status. After your given signal, you will need to file the visa application and supporting documents. Below are the various common scenarios : USCIS looks at the H1B transfer applicants statusand verifies, if the applicant has maintained proper status in US, in order to approve the petition. A denied petition does not change your current H-1B visa statusyou are still able to remain in the US until the return date stated on your I-94 card. The employer must also show that the H1B employee will not be displacing a U.S. worker. However, if you are transferring your H1B visa to another employer, they may be able to file for premium processing on your behalf. The H1B transfer process can vary depending on the specific circumstances involved. Continue with Recommended Cookies. Do I have to join a new employer after H1B Transfer? No, there are no such limits, you can apply for H1B transfer as many times as you want in a month or year. When transferring a H1B to a new employer, the H1 B beneficiary can work on receipt notice. If the employer has in-house immigration team, this may not be an expense. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Best Places to Visit in California + Secret Tips, EB-1A Extraordinary Ability Visa - Ultimate Guide. To change employers while on an H1B visa, your new employer must follow these steps: Submit an employment letter detailing the position, duties, start date, and I am not really running after GC but just gauging that option since Employer B is offering this to me. Even in this document, we refer to the new petition by the new employer as an H-1B transfer, solely for the ease of describing it. Besides these reasons, there could also be others such as: Any one of these would give USCIS reason enough to deny your H1B transfer. If the petition is approved, the employee may then apply for a visa at a U.S. consulate or embassy. H1B transfer includes many steps from filing LCA, to working with attorney and processing by USCIS. L1B-H1B conversion with employer A. They do not have to exit the country, they can do H1B transfer within US. After that, the USCIS, after due consideration, will either approve or reject the petition. Reviewing the denial notice and determining if there are any grounds for appeal, Discussing the situation with the employee and exploring alternative visa options, Terminating the employees employment if no other visa options are available. Posted on Mar 6. In general, many work full time for one H1B employer. Employers can get this document from the US Department of Labor. There are instances where the H1B visa transfer is denied by USCIS. Avvo Rating: 8.8. An H1B transfer can be denied without RFE if the employer cannot prove that the H1B employee has the necessary qualifications for the position. The important thing to remember is that If the USCIS does not approve your previous employer, you may not be able to work there. If you would like a preliminary opinion, the recruiter or HR may contact WSM before the offer is made, and we can evaluate 1) is the position a clear-cut specialty occupation for H purposes, or instead one in which the USCIS routinely issues Requests for Evidence (e.g. If you have completed the required paperwork and notified your current employer of your intent to transfer, they will most likely be aware of the change. WebAnswer (1 of 10): Yes you can switch jobs before October 1 on H1B but its not something I would recommend unless you are in a difficult situation where you feel that you may be laid off. WebIf your H-1B transfer petition is denied, you can continue working for your current employer who sponsored your first visa, if they are willing to keep you on. The employer seeking to transfer an H1B employee to another company initiates the process by filing a petition with the US Citizenship and Immigration Services (USCIS). You cannot work for two H1B employers at the same time unless you have a concurrent H1B approval. The H1B transfer cost for employer includes application fees that are paid to USCIS and other fee such as attorney fee. However, the employee does need to fulfill their contractual and non-compete obligations before transferring to another employer. Usually, this situation arrives, when you are living outside of US and a Company applies for your H1B Petition and gets it approved. You will need go through standard H1B registration and lottery process, if you wish to do so. If you have I-140 approved for over 180 days and not withdrawn, you can use it to apply for H1B transfer as long as you want without any time limit of 6 years. All rights reserved. You can then reapply and get premium processing so that you get a response faster. For information about your privacy, please read our Privacy Policy and Terms of Use. The H1B visa is a specialty occupation, work visa. All you need is a confirmation of your H1b approval. Citizenship? The timings around transferring H1B status to a new employer can be challenging to decipher, not least as USCIS timeframes differ and whether premium processing is indeed available. What is the H1B transfer premium processing time? The H1B transfer process means that while you are in the U.S on an H-1B visa, you are offered another job. The H1B visa is a non-immigrant visa that allows US companies to temporarily employ foreign workers in specialty occupations. This certification guarantees foreign workers that the US employer will treat them fairly by paying a full wage. WebHow to Apply for H1B Transfer. To avoid this, the employer should submit all financial and tax documents that are required and make sure that there is no reason why USCIS would believe that their financial situation is insufficient to hire foreign workers. What happens if H1B transfer is rejected? To get an H1B transfer visa, there are several steps to take and each one of them has an approximate timeline. Secondly, they should gather all necessary documents (mentioned below), complete Form I-129, the USCIS petition letter. Visitvisaguide.com - Published by Blogitivity Media FZ LLC, Flamingo Villas, Ajman Media City, UAE. In general, you can Recapture un-used H1B Time. Permanent Resident Status and U.S. During the application procedure for the H1B transfer, the fees are similar to initially getting the H1B visa. Privacy Notice, Employee Frequently Asked Questions About Impact of WFH Options, Layoffs or Reductions in Force: Employee Questions, 24-Month STEM OPT Extension for F-1 Students. Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. Also, you are eligible for transfer, if you have an approved I-140 petition. In some situations, you may even have H1B visa stamped in passport using old employer. The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. How many days does it take for H1 transfer? With premium processing you will find out whether you can start working at your new employer or if your petition has been denied. What is H1B LCA, why file it, info in it. Transfer from one distinct unit of an employer to another distinct unit of the same employer; you may transfer the employees Form I-9 to the receiving unit. However, for different reasons, people sometimes want to change their employer. [CDATA[/* >