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.

Your First and Last Name (required)

Your Email (required)

I am an:

My status is:

Notes / Message/ Question

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

  • Excellent service provided by the Team and every step of the way was very accurate and guidance was brilliant , we use USAVISANOW for our Companies Immigration needs , will recommend to every one.
    ★★★★★
  • After searching for an attorney/firm to prepare my NIW case I came across Marc’s website (usavisanow.com). I was immediately struck by how responsive they were, often answering my detailed questions within an hour. It took about 4 weeks from start the process to filing with USCIS – mostly because of the time it took me to obtain the reference / recommendation letters…
    ★★★★★
  • The Green Card process, or any immigration petition for that matter, can be a very daunting, stressful and confusing process for applicants. Thanks to Marc and his team, my experience (for both my Green Card application from start to finish, and H1B transfer from my former to my current employer) was none of those things.
    ★★★★★
  • I worked with Taylor and Associates Law P.C. on two separate cases — an H1B work visa and a marriage green card — and was very pleased with the high-level of service they provided. The visa process is very overwhelming, but my case manager, Mr. Dorer, made both processes easy and efficient because he is informative and is always quick to respond to my questions in a timely manner.
    ★★★★★
  • Marc Taylor and his team have been excellent in preparing and following-up on our case in a timely manner. The team has been prompt in filing all the paper work for the Green card for my husband. They answered every question I had (and I had a lot of questions!) quickly and clearly. I have already recommended their services to my friend who is getting married next month. Thank you for making this process seem easy!
    ★★★★★
  • We decided to go with Marc for our K-1 visa, for my fiance and son. Marc and his incredible team was an invaluable resource for us in uniting our family. I want to additionally extend my warmest regards and thanks to John for his patience and unwavering support! Thank you all so very much!
    ★★★★★
  • Have been using Marc Taylor’s services, usavisanow.com for a few years. Mr. Taylor provided assistance and guided us through many steps: from the initial H1B visa application all the way to the employment based Green Card. Very professional and quick to respond to our inquiries. The website is easy to use. Very convenient to send documents and track the progress of your application. Office employees are also very helpful and responsive.
    ★★★★★
  • My marriage based permanent residence case was prepared professionally and filed quickly. They responded to my emails in a very detailed and timely manner. The whole process was done online. They kept me updated about my case status during the whole process. Thank you Marc and your team for helping me through this process and not charging me thousands of dollars like some other lawyers.
    ★★★★★

Read More Client Reviews