If a professional working for an employer on an H1-B visa wants to be employed by a new company, the new employer has to register a new H1-B application for the employee. This process is widely called “H1-B Transfer”. Even though this process is denoted by the tag ‘transfer,’ nothing is transferred in this process excluding the employee himself. The previous company doesn’t have to provide anything to the new company, even the credentials of the new company need not be known by the old company.
The H1B visa holders can transfer their H1B visa and work for a new employer if the H1B visa transfer petition is sent by the employer sponsoring the visa and received by the USCIS.
The transfer of a H1B visa is not limited and is not counted among the usual H1B visa quota.
This implies that a H1B transfer can be applied for at any given period of the year, without any restrictions.
Here is a step by step guide on how to achieve a H1B transfer.
The Labor Condition Application (LCA) is an application requested by the employers on behalf of employees applying for work authorization under the non-immigrant status. This is the first step of the process. The application is sent to and needs to be accepted by the United States Department of Labor Employment and Training Administration (DOLETA)’s Office of Foreign Labor Certification (OFLC). This process takes about seven business days.
The next step is gathering all the essential documents from the employee (most recent paystubs, copy of H1B approval, passport, I-94 records, SSN, resume, educational certificates, etc.)
As soon as the LCA is approved, the H1B application is filed by the employer to the United States Citizenship and Immigration Services (USCIS), along with the essential documentation.
The time taken for processing the H1B application petitions are subject to variations based on the physical location. Currently, there are two options to filing an application:
a) Premium processing: If the applicant wants the petition to be processed at a faster pace he has the liberty to choose the premium processing. An additional charge is applicable for this expedited service. But one must understand that opting for this plan doesn’t guarantee a higher probability of getting an approval.
b) Regular Processing: The application is processed at a normal pace according to the timeline based on the caseload of the USCIS.
Once the application is accepted by the USCIS, the organization will assign a receipt number for the application. And this can be tracked by the applicant.
Receiving the H1B transfer approval notice is the last step of the process.
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