Transferring your H-1B visa to another employer is known as ‘portability.’ An H-1B transfer allows you to enter employment with a new H-1B employer so long as the new employer has filed a timely and bona fide H-1B petition with USCIS before your current period of stay expires. Our Arlington Visa Lawyer has extensive experience with H-1B transfer petitions and can provide you with the support you need.
What is the H-1B transfer process?
The transfer process is like applying for the initial H-1B visa. There is no H-1B visa cap so long as you have already gone through the lottery.
What fees are required?
The USCIS H-1B transfer fee ranges from $2010 to $9390, depending upon the total number of employees. If more than half of those employees are in H-1B or L status, the fee will be higher. Premium processing may be added to any filing for an additional $2805. To determine the fees applicable to your case, please contact our Visa Lawyer.
What is the Attorney fee for an H-1B transfer?
It is highly recommended that you retain a qualified immigration attorney for your H-1B transfer petition. Fees may vary depending upon the complexity of the case and the services needed. At Stone Oak Immigration, PLLC, we always strive to provide a clear understanding of our fee structure and will discuss any estimated or potential costs upfront. Contact our Visa Lawyer for assistance with your H-1B visa transfer.
When can I start working at my new employer?
Generally, you may commence working at your new employer as soon as USCIS receives the H-1B petition, even if the case has not yet been approved.
Will I get more time with a new H-1B visa?
Not necessarily.
An H-1B transfer petition alone does not reset the total time for your H-1B visa back to zero. The time you have already spent working for any H-1B employer in the USA will count against the total time you are allotted to work (6 years, generally).
Must I tell my current employer that I’ve found a new job or that I’m considering a job change?
No.
If a new employer files an H-1B transfer petition on my behalf, am I required to take the job after the H-1B transfer has been approved?
No. If you have not started working with the new employer, you may inform the new employer that you no longer wish to transfer your visa. The new employer may need to withdraw the pending or approved H-1B transfer petition.
What do I do if my H-1B transfer petition is denied?
It’s important to obtain a copy of the denial notice and consult with a qualified immigration attorney.
How likely is it that the H-1B transfer will be denied?
In general, the chance of denial is not high so long as the petition contains all required documentation and meets the regulatory requirements for a specialty occupation. If you have failed to maintain your H-1B status in any way, the chance of denial may be higher.
Our Visa Lawyer handles H-1B visa transfers nationwide. To schedule a consultation regarding your upcoming H-1B visa transfer, please submit an inquiry.
