An H-1B transfer is the best course of action for individuals who are currently on H-1B visa status but want to transfer their status to a different employer. Unlike the regular H-1B season, these are not subject to quota restrictions so the new employer can submit an H-1B visa transfer petition to USCIS at any point–assuming there are no non-compete clauses or agreements in effect at the time. Any unlawful acts in the U.S. may also jeopardize the ability for the H-1B transfer petition to be approved. Individuals may elect for regular H-1B transfer processing or H-1B transfer premium processing to have it expedited.
How the H-1B Works
To get a better idea of how an H-1B transfer works, it’s important to have a foundational understanding of how the visa works as a whole, as some aspects of the requirements and process will come up later. For H1B Visa Process Visit UT Evaluators
As you know, the H-1B is a work visa for specialty occupations. The exact nature of a specialty position is up to the USCIS, though the general criterion is that the position must require at least a bachelor’s degree to perform. Usually, jobs in the STEM categories (science, technology, engineering, mathematics) fare better for H-1B approvals.
Your specialty position will need to be with a U.S. employer who is willing to not only offer you the position but also sponsor you for your H-1B. That employer has to get a Labor Condition Application for you before filing your I-129 petition with the USCIS on the first business day in April. Keep in mind that your employer does all of this, not you the beneficiary.
Then, if your employer is subject to the annual H-1B cap, your petition will be entered into the lottery to be randomly selected for processing. If your petition is selected, then it will go on to be approved or denied. If it is not selected, then everything will be returned to your employer and you will need to try again the following year. Once your petition is approved, you can start work no sooner than October 1st of the year that your petition was filed. H1B Visa Process Visit here
If your employer is not subject to the cap, then the petition can be filed at any time and will not be entered into the lottery. Also, if the petition is approved, you can begin working immediately and do not need to wait until October.