Understanding H1-B Transfer In The United States

The H1-B visa is a non-immigrant visa issued by the US government. H1-B visas are issued to individuals who work in special fields and are hired by US companies to fill a job position. H1-B visas are the most common visa that foreign employers use to hire foreign workers temporarily.

Unlike some other types of visas, employers initiate the H1-B visa application process. As a beneficiary, the first step is to locate an employment opportunity. After that, you will need to find an American-based company willing to sponsor you. The H1-B visa is one of the most sought-after visas.

That is why it is so popular despite the long-winded process that requires you to find an employer, win the lottery, and get the visa approved. That is why there are so many advantages to H1-B holders; whether you are looking to move to a new job, work towards a green card, or want to live and work in the United States, it is only natural that you will want to look into H1-B transfers or extensions.

Under normal circumstances, a foreign national is initially allowed to reside in the United States on the H1-B status for a period of 3 years. At the end of that period, the foreign national can apply for an additional 3-year visa extension. Sometimes, foreign nationals wish to move to another employer for various reasons.

In such cases, the foreign national may need to apply for an H1-B transfer. The transfer and extension of H1-B status are among the most significant steps for the foreign worker and the US employer. If you are facing any of the above situations, speaking with an immigration lawyer will certainly make the process much easier.

This post will provide a general guide to what you need to know about the H1-B transfer and extension.

Overview of H1-B transfer

H1-B visas are generally granted to foreign workers who want to work in specialty occupations in the US. These foreign workers need to find US employment and a US employer who will sponsor them. After obtaining the visa, the foreign worker can choose to transfer between different US companies.

The USCIS regulations allow you to change your employer while maintaining your H1-B status. This can be done through an H1-B transfer, which is available to H1-B visa holders while in the US. If you wish to transfer between one H1-B visa employer and another, you can file an H1-B change of employer petition.

Like the initial H1-B visa application, your new employer will be responsible for filing your H1-B transfer petition with USCIS. To transfer an H1-B visa, the visa holder must first accept the new job offer. However, it would be best if you still had a valid H1-B visa at the time of the H1-B transfer.

Once the new job offer is accepted, the H1-B transfer status will be initiated. The transfer status process typically takes several months. It can take even longer without the assistance of an immigration lawyer. The H1-B transfer depends on whether you are a resident or an expatriate and whether you have worked in the United States before.

The United States Citizenship and Immigration Services (USCIS) has certain requirements for an H1-B transfer. You must be exempt from the H1-B visa cap and must have a valid H1-B visa. If you are unsure whether you are eligible for the H1-B transfer, contact an immigration lawyer.

They can explain the H1-B transfer qualifications in detail and walk you through the process.

How the H1-B transfer process works

The H1-B transfer process is similar to the initial H1-B visa application process. However, there is one major difference between the two: the visa cap. The maximum number of fresh H1-B visas that can be issued in a year is 65,000. The H1-B transfers, on the other hand, have no visa cap.

If you already have an existing visa, you don’t have to worry about applying for a new one. You don’t need to worry about going through the H1-B lottery to get the H1-B transfer. Here are the steps you need to know:

1. Find a new employer to sponsor you.

If you are employed by employer A, you will need to be offered employment by employer B in the United States to be able to submit an application for an H1-B transfer. If you have not received the job offer from employer B, you cannot transfer to another employer.

2. The labor certification approval.

It is against the law for a US employer to hire foreign workers without a labor certification (LCA) issued by the US Department of Labor. An employer can file an LCA application by filling out the ETA—9035E form. The LCA certifies that the US employer will treat foreign workers fairly and pay them the full wage.

The LCA also certifies that foreign workers have a good working environment and the US government is notified that the US employer is employing legal immigrant workers. Once the certification process is complete, the employer can proceed with the other steps. If you need assistance in obtaining the LCA, contact an immigration lawyer.

3. The I-129 petition.

The I-129 is the form used to request approval for an employer to hire foreign workers in the H1-B petition. The complete I-129 is sent to USCIS. USCIS will then process the form to approve or reject your new US employer’s petition. During the processing of your petition, USCIS will send you a receipt number, which will be sent to you and your new employer at the same time.

Once you receive your receipt number from USCIS, you can begin working with your new employer. USCIS will send a copy of the I-797 form to the new employer and the foreign worker. This form indicates that you are officially authorized to work with the new employer in the US.

4. Fees.

In the H1-B transfer application phase, the new US employer pays the same fees that they would pay when applying for the H1-B visa. Since you are transferring an H1-B visa to a new international employee, you will be charged the following H1-B transfer visa fees:

• The petition filing fee.
• ACWIA fee.
• Fraud fee.
• The optional premium processing.

It is important to back up your H1-B transfer application with the right documentation. An immigration lawyer can help you do this. Since you have already applied for H1-B visas, you don’t have to apply again, so you will not be using the DS-160 form to file an H1-B transfer application.

To file an H1-B transfer application, you must still have a valid H1-B status at the time of the application. If your visa has expired, you cannot submit an H1-B transfer application. You will have to start from scratch and apply for your new H1-B status.

How to extend the H1-B status

In most cases, the visa is for an initial period of 3 years. After this period, you can extend your visa for a further 3 years. This allows you to remain in the country for a total of 6 years. Renewing the H1-B visa is the same as applying for the initial H1-B visa. You will have to file the I-129 petition with the USCIS, along with a new LCA and the necessary supporting documentation.

The H1-B visa extension does not qualify for the H1-B visa lottery system. Nevertheless, an extension is subject to the same evidence requirements as the initial H1-B visa application. If you are denied your extension petition, you have several options:

• Identify the reason for your denial and file a new petition.
• Appeal the denial or refusal.
• Petition for a different type of visa or green card.
• Leave the US.

The reason for the denial or refusal will most likely be stated in the notice, but you will likely not be able to appeal it to a third party. It can be frustrating to receive this notice, but it is best to contact your immigration lawyer. They will know the fastest way to get you out of this situation.

How long can I stay in the US after losing the H1-B status

Ordinarily, once you lose your H1-B status, you must leave the US. The exception to this rule is the 240-day rule, which allows employees to continue working in the US while their I-129 is being processed. This means that employees can work up to 240 days or until they receive a final decision.

It is recommended that employees file early to avoid the need to pay additional costs on premium processing. During this waiting period, employees should remain in the US. If you want to learn more about taking advantage of this rule, speak with an immigration lawyer.

Get help!

H1-B visas are not easy to obtain, especially when it comes to winning the lottery, so you want to take care to ensure you don’t lose your H1-B status. The best way to do this is to hire an experienced immigration lawyer. If you are looking for an immigration lawyer, contact our immigration lawyers at Gehi and Associates.

They have extensive experience handling H1-B transfer or extension cases. We work closely with our clients to ensure everything is done correctly from start to finish. Our team of experienced immigration lawyers is dedicated to helping our clients with all their immigration needs.

We are committed to fighting for our clients from day one. Our experienced immigration lawyers can save you time, energy, and money. Contact us today!