Can I Transfer My H1B Visa to Another Employer?
One of the benefits of being an H-1B visa holder is the ability to transfer your status if you find a new employer. However, this process can be complicated.
USCIS will want to make sure that you are in a legitimate employment relationship with the new employer. They will want to see a job offer letter and pay stubs as proof of this.
Employer Requirements
The H1B visa is a great option for foreign workers looking to gain access to work in the United States. However, there are certain requirements that must be met to ensure the H1B transfer process goes smoothly.
The first thing that an employer must do is file a Labor Condition Application (LCA) with the Department of Labor. This document outlines the job offered, salary, and other details about working for the company. Once this is approved by the Department of Labor, your new employer can then move on to filing a H1B transfer petition.
One of the most important requirements to meet when applying for an H1B transfer is a fair salary. This is to ensure that the new employer is treating foreign employees fairly by paying them a competitive wage and offering benefits. If the salary you are being paid is not competitive, it can cause your application to be denied by the USCIS.
Another reason that your H1B transfer might be denied is that your employer did not meet the minimum employment requirements. This can be due to the employer not having enough information about your job duties, or not providing you with the correct documents.
If you are planning to change employers, it is a good idea to talk with an immigration attorney about the requirements of the new position. An attorney can help you determine whether or not the new job offers the appropriate qualifications for the H1B visa, and can guide you through the application process.
A H1B visa holder can only be employed by one employer at a time. If they want to switch jobs, it is important that the new employer file an H1B transfer petition with the USCIS.
Once this is done, the employee can begin working for the new employer as soon as the H1B transfer is approved by the USCIS. This is a benefit of the portability rules that allow H1B holders to work for different companies during their stay in the United States.
The most common reasons for an H1B transfer being denied are because of the employer’s failure to meet the required employment and income standards or because they did not provide enough proof of the relationship between the employer and employee. The process can be difficult, so it’s important to be prepared.
Documentation
If you have an H-1B visa, it is possible to transfer your work permit to another employer. However, there are a few steps that you must take before making this move.
First, you must get the necessary documentation from both the new and old employers. This documentation must include all of the information that USCIS requires for your application.
Once you have these documents, you must submit them to USCIS. This may take a few weeks to several months depending on the complexity of your case.
During the process, it is important to remember that there is no guarantee that you will be approved. This is due to the fact that USCIS considers a variety of factors when determining whether to approve or deny your transfer.
This includes your current status and your cap exempt situation. It is also important to know that the USCIS has recently allowed a wider range of evidence for applicants to submit as proof of their qualifications.
You can use this evidence to demonstrate your educational credentials and experience. This will make it easier to prove that you have the required qualifications for your new employer.
Additionally, it is also important to show that your previous employer has a need for your services in the specialty occupation you are applying for. This is often the most important factor when considering a transfer.
The next step in the process is to make sure that your employer has the proper certification from the United States Department of Labor. This will ensure that they can hire foreign workers without negatively impacting the wages and working conditions of U.S. workers.
After the LCA has been certified, you can then begin the process of transferring your visa to the new employer. This will involve submitting an H1B visa transfer petition to the USCIS. It is best to file your H1B transfer petition before the end of your current employment period so that you can begin working immediately for your new employer.
Premium Processing
Premium processing is an optional service that can expedite the processing time of certain employment-based visa petitions. If you opt to pay the premium processing fee, USCIS will process your case in 15 days or less.
However, if you choose not to use premium processing, your petition may take longer to process. It may also result in a denial notice, which can prevent you from working for your new employer until the approval notice is received.
The premium processing fee is paid in addition to the base filing fee and any other applicable fees. It is a nonrefundable fee that cannot be waived by the petitioner or beneficiary.
When you request premium processing, your petition will be assigned a premium processing unit in every USCIS Service Center to expedite handling. The Service Center will issue an approval notice, a notice of denial, a notice of intent to deny, a request for evidence, or open an investigation for fraud or misrepresentation within 15 calendar days from the date that your petition was received at that service center.
If you receive a Notice of Intent to Deny or RFE during the premium processing period, another 15 calendar day period will commence upon receipt by the Service of a complete response to the NOID or RFE. If you do not receive an approval or a denial within that timeframe, you may resubmit your petition or application for premium processing.
In addition to the premium processing fee, you should also prepare and submit additional documentation. These documents may include your most recent pay stubs, tax returns from previous employers, and approval notices for any past H-1B applications you have filed.
This is important because it can help demonstrate that you have maintained proper status all along and are a cap exempt employee who has not accumulated any more than the number of years allowed under your cap. Similarly, if you have transferred from a cap-exempt employer to a cap-subject employer, you will need to enter the H-1B lottery in order to qualify for a spot in the annual cap.
Recapture of Time
If you are an H-1B beneficiary, and have reached your six-year limit on the cap-subject position that you hold, there may be options for transferring to a new employer. These include filing a PERM labor certification, and/or applying for an H1B extension. In addition, the American Competitiveness in the Twenty-First Century Act (AC21) provides additional extensions for H-1B holders who have exhausted their six-year maximum.
AC21 also allows a foreign national who has exhausted their H-1B stay to recapture time abroad that was spent on vacation, business, or family matters. In order to be approved for recapture, the beneficiary must submit detailed documentation that independently corroborates the time spent outside the United States. This will typically involve travel documents, I-94 cards, passport stamps, financial records, pictures, and more.
Recapture is especially useful for foreign nationals who have been in the United States for a long period of time and are approaching their H-1B cap. In this scenario, the beneficiary can request that their current employer file an H-1B petition to extend their H-1B status for a year based on the recaptured time spent abroad.
The time that an H-1B holder spends abroad can be added to their six-year limit as long as it is documented and supported by the employee. However, the time must be “substantially equivalent” to the total period of the foreign national’s stay in the United States, as calculated by USCIS.
A chart is helpful in determining the dates that a beneficiary has spent abroad, as well as the overall total of days that should be captured by the employee. This chart should be clearly marked and can contain all or part of the travel documentation that the employee can provide, such as I-94 card, travel documents, boarding pass, etc.
Another important consideration is whether the employee’s spouse and children will be able to benefit from the recaptured time. If the spouse and/or children are dependent on the employee for legal status, they will have to be granted an extension of their H-1B status as well, even if the employee has exhausted all of their six-year maximum.