They want proof that there is an employment relationship. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. Click Check Status. H1B Visa Transfer process is exactly same as filing a fresh H1B petition with a new employer. Depending on Each But, its not required officially by USCIS. .manual-search ul.usa-list li {max-width:100%;} (Not required if the existing H-1B was never used and the transfer is applied from outside the U.S.). 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 Nothing gets transferred from one employer to another employer, except the employee itself. If they want Premium Processing, the extra fee is $1,225 by filing Form I-907 with USCIS, Copy of qualifications (degrees and certificates), Recent pay stubs (2 or 3 previous pay stubs), If you have medical professions, you will need to submit a copy of your state license. You can work for New H1B Employer after USCIS receives the H1B transfer petition and issues Receipt Notice ( I797C Notice of Receipt). All you need is a confirmation of your H1b approval. After the LCA is approved, the employer will then file an I-129 petition with the United States Citizenship and Immigration Services (USCIS). Employers must attest to the Department of Labor that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment whichever is greater. These include: The H1B visa transfer processcan be sped up through premium processing; an extra fee of $1,225 for premium processing will expedite the USCIS decision to within 15 days of filing. For H-1B purposes, the fiscal year starts on October 1. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Before an H1B visa holder may begin working for a new employer, they must file a Form I-129, Petition for a Nonimmigrant Worker, and it must be approved by USCIS. Employers can get this document from the US Department of Labor. B1/B2, H1, F1? Readers should not act upon the information contained in these FAQs without first seeking advice from a qualified attorney. Can we start working with LCA after H1B transfer? As there is really no concept of transfer, this is not even an issue. No, you do not have to inform your current employer that you have applied for H1B transfer. Citizenship and Immigration Services, Department of Labor/Foreign Labor Certification. Fortunately, there is no specific requirement that you receive an i-797 approval notice in order to transfer your H1B visa. Similar to above, USCIS would look at applicants current status and cap exempt situation. H4 visaholders are given various benefits like the ability to study in the U.S., not necessarily being required to have a foreign residence, no restrictions on leaving and returning to the U.S., and the advantage of an EAD, i.e., Employment Authorization Document. One difference between the initial H1B visa and the H1B visa transfer is the lack of a visa cap. As the H1B visa stamp has the name of the company that sponsored the H1B Visa, many assume that the visa stamp is also tied to the employer and that they need a The employee can start working at their new workplace from the date mentioned in the H1B transfer petition submitted to the USCIS. This generally would occur within 1-3 days of receiving the requested documents and information from both the employer and the candidate. ; and 4) does the candidate have a complicated U.S. immigration history with potential status violation issues? USCIS usually looks at two aspects, one is applicants current status and second is cap exempt situation. Share your thoughts in comments. Finally, take the time to update your resume and cover letter so that youre putting your best foot forward. The employee must not have Once approved, you will receive a new i797 notice of approval with a new i94 attached to paper i797. Lets look at the documents check list now. The RFE does not mean that your H1B transfer is denied, but it means that USCIS needs more documents to make a decision. A: There are several factors which might affect the start date. What are the chances that our H-1B transfer request will be denied? The first step is to find an employer who is willing to sponsor your H1B visa. 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. The processing time for the H1B transfer documents is dependent on the method of processing. However, in general, the H1B transfer process involves the following steps: 1. One more common situation is when someone has I-140 Approved. Whats the H1B Transfer Premium Processing process like? 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 H1B transfer process means that while you are in the U.S on an H-1B visa, you are offered another job. The employer must also show that the H1B employee will not be displacing a U.S. worker. To be able to apply for an H1B transfer, they must first accept the new job offer is that you still have a valid H1B visa. Copyright 1999-2023 immihelp.com. Similar to above situation, USCIS looks at Status and Cap exempt situation for transfer. Here's everything on H1B visa requirements you should know about. This situation arises, when someone left US after few years of working on H1B, for whatever reason, and plan to come back to US as they haven not used all 6 years. In this article, well outline the steps you need to take to ensure that you can continue working for your previous employer after you transfer. Determination of a specialty occupation the employee has to prove that they fit the definition of a specialty education through advanced educational degrees or extensive training, Proof of employer/employee relationship both parties need to prove to USCIS that they have a valid working relationship and the job offer is not fake, Financial documents the employer has to prove that they can afford to hire a new employee and that they can pay them correspondingly, You did not deliver the documents to the right entity, Your employer did not fill the documents accordingly, You have committed a crime or violated immigration laws. Check out Stilts new H1B database to find an H1B sponsor in your profession or city! However, there might be a step before the denial. Yes, it is possible to transfer a revoked H1B visa to another company. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Citizenship? I was with Employer A in 2019 who applied H1B for me for the role Senior Consultant and got it stamped in the same year but I never travelled to USA. On January 20, 2021, the Department withdrew its Notice from the Office of the Federal Register prior to its publication, and is now withdrawing the Bulletin and FAB for the purpose of considering the process for issuing this interpretation as well as reviewing related issues of law, fact, and policy. .usa-footer .container {max-width:1440px!important;} No, the process of transferring your H1B visa does not require you to receive a stamp from USCIS. However, in the absence of recent pay stubs, if you failed to maintain the valid H-1B status, it may not be possible to obtain an H-1B extension of status within the U.S. USCIS may instead ask you to go back to your home country and ask you to reenter on a new Form I-94. I am currently on a H1B. You should also remember that there are restrictions on how long you can remain in the U.S. before you must leave again. If you were either on bench or you were otherwise not paid while previously employed, it is still possible for a new employer to file an H-1B petition for you, even if you dont have recent pay stubs. If your H1B transfer request is denied, you may need to reapply for the H1B visa through the standard application process. [CDATA[/* >