H1B Visa Transfer

Under the portability provisions of the American Competitiveness in the 21st Century Act (AC21), a foreign national worker previously issued an H1B visa and/or granted H1B visa status may transfer to a new employer.

Before the foreign national worker can join the new employer, the new employer must file an H1B visa Transfer petition with USCIS on behalf of the foreign national worker.

The foreign national worker must not have accrued unlawful presence in the US.

Under AC21, H-1B workers can begin working for a new employer as soon as the new employer files an H1B visa petition for the worker with USCIS.

The regulations define “filing” as having been physically received by USCIS. The only acceptable proof of USCIS receipt is the I-797C Notice of Action issued by USCIS upon receipt of a petition.

Qualifying workers for whom a petition was filed can begin work for the new employer immediately upon USCIS receiving the H1B visa transfer petition.

However, it might be in the best interest of the employee (“safe harbor approach”) to wait until an approval is received before transferring.

This can be expeditiously acquired by filing the H-1B transfer petition with premium processing (case is adjudicated within fifteen (15) days).

The primary limitation on this portability provision is that the new employer must have filed a “non-frivolous” petition, which is one with some basis in law and fact.

To take advantage of the portability provision, the worker must be in the U.S. pursuant to a lawful admission and must not have engaged in unauthorized employment since that admission.

Employers should follow current I-9 documentation procedures, as well as keeping a copy of the worker’s I-94 and a copy of the receipt notice for the new H1B visa petition.

If the H1B visa petition is denied, then the foreign national worker must stop employment with the new employer at that time, and the employee could be considered “out of status”.

Again, it might be in the best interest of the employee to wait until an approval is received before transferring which can be expeditiously acquired by filing the H-1B transfer petition with premium processing (the USCIS filing fee is $1225).

4 important things to know before you file the H1B Transfer:

  • You must be employed in H-1B status on the date that the H-1B Transfer petition is filed with USCIS.

  • The earliest date that you are allowed to start work is the day that USCIS receives the I-129 H-1B Transfer petition.

  • If there is a gap in your employment, meaning that you stopped working for your H-1B employer prior to the H-1B Transfer filing with USCIS, you should consider Premium Processing.

  • If you do not have paystubs, you may submit other documentation to prove your employment status, such as am Unpaid Leave of Absence Letter.

H1B Transfer Required Documents:

From the Employer:

  • Copy of the Job Offer Letter containing the Job Title, Salary Offered. Signed by both employer and foreign national.

  • Detailed Job Description.

  • Company Brochure and/or any marketing material.

  • Copy of most recent Financial Statement, Annual Report or Business Plan, if available.

  • Copy of Articles of Incorporation, if available.

From the Foreign National:

  • Copies of all U.S. visas, I-94’s and I-797 approval notice(s).

  • Copies of University Diplomas.

  • Copies of Transcripts from University Degrees.

  • Copy of Academic Evaluation of Foreign Degree, if available.

  • Copies of letters of experience from previous employers, if available.

  • Copy of Resume.

  • Copy of 3 most recent paychecks, Unpaid leave of absence letter, or letter from employer as other proof of employment.

 

If you have a general question about the H-1B visa please complete and submit the form below and we will do our best to answer it.

You can also follow us on facebook as we usually post the answers there.

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Related Links:
H1B Visa Cap / Quota for FY 2018
H-1B Visa Renewal / Extension
H-1B Visa Transfer
Amended H-1B Visa
New H-1B Visa, Cap Exempt
H-1B Visa for Entrepreneurs
H-1B Visa for Teachers
H-1B Visa Attorney Fee
H-1B Visa Complete Do it Yourself Kit

Client Reviews

I've had the pleasure of conducting business with this law firm for the last 10 years. They have been nothing but the best for every aspect of immigration need I had. From F1 all the way to citizenship. They're probably the most affordable, knowledgeable, and most efficient immigration law firm out there. Plus, they always provide responses to questions in a very timely manner. Trust me, other immigration law firms will cost you an arm and a leg for the same or less of a service compared to this law firm. Give them a call, check out their website. You will not regret it.
Andy Glasgow
Andy Glasgow
17:26 27 Mar 17
Because of John and his team my wife and I were able to travel back to the states, get married and have a Green Card without any headaches. John’s efforts were amazing and it shows because my wife and I didn’t have to go to the Green card interview. We had a strong enough case to receive the Green card in the mail. If you’re seeking a Lawyer that will be impartial, he’s your guy.
T M
T M
19:18 23 Feb 17
Me & husband went through immigration process which thankfully was made easy with the help and services of Marc Tyler Inc. Our direct contact was John which i want to personally say Thank You ! The service provided was efficient, fast, affordable prompt answers in a timely fashion. I would recommend Marc Tyler Inc to anyone who need immigration done fast, easy, friendly & with no hidden charges.
Aleksandra Stoycheva
Aleksandra Stoycheva
15:27 26 Jan 17
I could not have asked for better service. I will definitely be coming back to get the green card process done. The fees are extremely reasonable and they stick with their clients the entire way. I had so many questions during this process, and each one of them were answered very quickly and with out most professionalism. This firm is a pleasure to work with and I highly recommend them to anyone.
bryan mowrey
bryan mowrey
06:41 25 Nov 16
Marc and John Dorer worked on our case to file for AOS after our L1A was approved.Marc and John are professionals and extremely reasonable-priced. The reason they are able to cut the price is because they don't spend time consulting you or guiding you and will never get on call.All communications are email only, so if you know precisely what you want they will do all the paper-work, follow the trail and get the job done. If you are confused and need advice and consulting, they may not be the right lawyers.But since we were doing our AOS, it worked out perfectly well and they did their job extremely professionally.Would recommend them every time to get the work done.
hardik parikh
hardik parikh
01:58 08 Feb 17
At first I thought I could have very well gone through the green card application process on my own and saved all lawyer fees. Its funny how some lawyers can charge in excess of 2K for this. However at Taylor and Associates the price seemed more reasonable and felt it made sense to go with one at that price. There were some doubts that arose in our mind which they cleared in a timely manner and seemed very knowledgeable in this area. Its for moments like these when having a professional around helps. While we can get busy with our lives and with laws constantly changing, I would definitely recommend them - a small price to pay for peace of mind.
Callistus Pereira
Callistus Pereira
17:51 06 Jun 17
I am US citizen. We hired Marc's firm for my wife's Green Card process, We are extremely happy with their services.They are one of the best service providers in the country. Price is very affordable. John is awesome. He responded to our queries on time with very useful information. We highly recommend this firm to anybody looking for affordable and the best immigration services. it was an awesome experience working with this team.
Narsimha M
Narsimha M
13:57 04 Aug 17
Mark and team went above all my expectations of an 'online' service agency I went in with very low expectations to match the low cost of the service and was amazed that the experience was no different than going through an expensive attorney. They were very prompt on responses, very patient and also very knowledgeable on every facet of the application (including a follow up checklist). I would highly recommend them considering the low cost they charge and the high risk we take by doing this ourselves
First Dhalsite
First Dhalsite
22:27 01 Sep 17
USVISANOW streamlined the paperwork which saved us so much time. This also reduced the stress involved in filling out the paperwork. They also are very understanding and respond very quickly to questions and emails. Jackline is now a US citizen which took less than 5 months. Thank you Mr. Taylor and your team. From Brian and Jacky.
Jackline Osero
Jackline Osero
17:32 12 Sep 17
The best law agency I have ever worked with. Very responsive, experienced. I trusted my green process to them and it was done perfectly without and issues in minimum possible period. Thank You Very much Marc, John and others!!!
Hrach Gyulzadyan
Hrach Gyulzadyan
16:38 30 Sep 17
My husband and I worked with John Dorer from Marc Taylor's office, and his services exceeded our expectations. He was very knowledgeable, responsive, and our Green Card process and interview from start to finish went smoothly. Thank you so much, John, for your dedication to our case and all your help. I would highly recommend USAVISANOW to all!
Sophia Nguyen
Sophia Nguyen
17:26 09 Oct 17
Marc and John helped me apply and get my green card. They are very specific about needed documents and other details. Also, they are very responsive when you have a question. I know I emailed them several times just to ask questions that I could have found answers online myself. They are very patient and professional. If you want to get great services with reasonable fees contact them!
Amin Bagheri
Amin Bagheri
11:54 12 Oct 17

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