“The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise.”

This is the definition of the H1B visa one can find across the board in all forms of press releases from the Department of US Immigration. 

All individuals with a valid H1B visa, or possessing a previous H1B visa status, have the ability to transfer to a different employer. The H1B visa holder does not have to receive prior permission from the former employer to do so. However, al contractual obligations will need to be fulfilled since those are legal requirements. This could differ from following non-compete laws or any other legally binding clauses included in agreed upon and signed contracts that the individual might have undertaken. 

In order for the H1B visa holder to change employers, the new employer will be required to submit H1B Visa Transfer Petitions with the respective US Immigration Department – in this case, the USCIS. The visa holder cannot file for this on their own behalf. It is important that the individual for whom the petition is being filed has not violated any laws or legal acts in the US, or otherwise jeopardised their status while in residence. If that is not so, then the petition will most likely be denied forthwith. 

Holders of H1B visas are allowed to start working for a new employer once the latter has submitted their H1B petition to the USCIS and has been issued a receipt for the same – I-797C Notice of Action receipt.

However, we would advise visa applicants to wait until they have received a Visa Transfer Approval from the USCIS, to do so. Employers are also advised to adhere to the I-9 procedures and create duplicates of the H1B visa holder’s I-94 and the USCIS receipt of the petition.

There are, of course, a list of documents necessary to apply for the transfer of the H1B visa. We’ve taken the liberty of listing them below, according to which party needs to provide which documents. Please note, that should you be applying through a legal firm specialising in these applications, they will also have these details listed for your convenience. It would be in your best interests to have them ready before applying, to save both yourself and your employer valuable time.

H1B Visa Holder:

  • U.S. visa, I-797, and I-94
  • Resume
  • Paystubs, letter from employer, or leave of absence letter
  • University Degree
  • University Transcript
  • Academic Evaluation
  • Letter of Recommendation

U.S. Employer:

  • Letter of position containing the job title and salary. It must be signed by the employer and H1B visa holder.
  • An in-depth description of position responsibilities and duties.
  • Marketing material from company
  •  Financial statements, annual reports, or business plans

Who is Staffigo Technical Services?

 

Staffigo Technical Services, LLC is an IT Consulting & Staffing firm specializing in IT Consulting services, Staffigo Technical Services, LLC has customers in various industries in the fortune 500 lists of companies and startups all over the US, our consultants perform top notch work. If you are interested in a career in the IT industry or should you have any other questions, please contact us at info@staffigo.com or 7737706037