Get to know H1B Transfer, Visa Process, Premium Processing, Jobs

About H1B Transfer

The H1B visa is a non-immigrant status to work in the US in any part of the country. The H1B visa holders have completed advanced education or have specialized skills to perform certain jobs. The poplar H1B visa is a sponsored visa. The employer initiates the H1B process. You have to find a job and the employer will initiate the visa process with the United States government. Once your H1B visa is approved, you will start working with your respective employer from the date mentioned on the visa permit.

The employee for some reasons will change the employer during the H1B visa period. This is when you need an H1B visa transfer process. The H1B visa holders can initiate the H1B transfer process after finding a new employer. The H1B visa holder cannot initiate the transfer process on his own. They will still be in the H1B visa and initiate the transfer process which may at times take several months. The H1B visa has a cap of 65,000 people annually but the H1B transfer process does not have a cap.

Advantage

The advantage of H1B status is that the spouse and children below 21 years who are not married can be traveled to the U.S. under the H-4 visa category. Children can continue to study in U.S. Spouse, and children need not maintain residency status. You can move in and out of the U.S. as long as the visa status is maintained. The principal H1B holder can receive an EAD (employment authorization document). He must have an approved I-140 filed under USCIS.

The H1B visa holder is already in the U.S. and is working, and the caps do not apply for the H1B transfer visa process. The visa number will be available with minimal delays. The employee need not again prove to the employer that he is eligible to work in the U.S. since he already holds H1B.  The documentation process is also lessened though some updated information is required. When an employee holds H1B and apply to multiple companies, he can apply for numerous H1B transfers. There is no time limit to join the new company as long as the I-94 has not expired.

H1B Transfer Procedure

To initiate the H1B transfer process, certain documents are required from you and your new employer.

Documents required for H1B Transfer:

•          Your resume
•          Your academic qualification documents
•          Letter of recommendation
•          Letter from new employer
•          Form I-797
•          Form I-94
•          Salary details
•          Leave of absence letter

H1B Transfer Documents that your employer need to provide:

•          Job offer letter containing in-depth information of the job roles, responsibilities and duties signed by the employer and employee holding the H1B visa
•          Financial statements
•          Annual reports
•          Business plans
•          Marketing materials

There are many fees that you have to pay to the USCIS apart from the lawyer fee.

You have to pay:

•          H1B transfer filing fee for Form I-129 of $460
•          Detection of fraud and detection fee of $500
•          ACWAI training fee of $750 if your employer has less than 25 employees
•          A fee to ACWAI of $1500 if your employer has more than 25 employees.
•          A public law fee of $4000 for 114-113 if your employer has more than 50 employees and more than half of the employees holding H1B and L-1 status.
•          In case of premium processing, then a fee of $1225 by filing Form I-907 with USCIS.

The fraud and prevention fee are not applicable to the HIB extension.

How to get H1B transfer visa

The first step to bet the H1B transfer is to file for LCA. The second step is to gather the details regarding the required documents. The third step is to file I-129 and, lastly, file a petition with the USCIS. The H1B visa transfer can take place in 4-8-week time from the time the application is submitted. Sometimes it can take more time depending on the location of the employment, and the location of the USCIS visa processing office is located. The current H1B visa holders can work with the new employer soon after the application is filed. They need not wait for the application to get approved as long as they hold a lawful visa status and not engaged in any unauthorized employment since his last legitimate submission of the application. The H1B transfers are unlimited without any cap and not counted in the regular H1B quota.

H1B Transfer Premium processing

The H1B visa holder can also get the H1B transfer visa under premium processing. The premium processing only helps to speed up the process and not guarantee visa application sanctioning. Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker are eligible for premium processing of the H1B transfer visa.

The premium processing is applicable for certain employments and will take 15 days. If the application processing is not completed within 15 days, then USCIS will refund the money. The related case then will continue to be expedited under normal process.

The 15-calendar days processing will begin when the USCIS will receive the latest and current version of Form I-907, request for premium processing service at correct address. The address depends on whether you are filing on form I-129, or Form I-140.

Once all the forms are submitted correctly, the USCIS will have the options of issuing an approval or denial, notice of intent to deny. It is also important for the applicant to note that H-1B, H-2B, and certain H-3 visa classifications have a cap on the premium processing.

Petition for non-immigrant worker under Form I-129

Immigrant Petition for Alien Worker under Form I-140

The latest and current version of the Form I-907 can be identified by the edition date located at the lower right corner of for I-907. You should compare this date with the edition date on the USICS Request for Premium Processing Service. Your submitted version of the Form I-907 will be accepted by USICS if both the dates match.

LCA from DOL

The U.S employers should obtain labor conditions application from the department of labor to hire foreign employees without the labor condition application (LCA). Employers can get the LCA from the department of labor to hire under H1B or H1B transfer. This certification guarantees the workers that they will be treated fairly and will be fully paid as agreed. Employers can file Form ETA9035E to get labor conditions application.

I-129 with the USCIS

After obtaining the LCA, the U.S employer has to file the I-129 form with the  United States Citizenship and Immigration Service (USCIS). Upon receiving the form from the employer, the USCIS either accepts or denies the application form.

During the processing time, the USCIS sends a receipt number to the employee and the employer. Upon receipt of the application number, the employee can work with the employer. If the USCIS approves the application, then the employee and employer receive the I-797 form, which authorizes the employee to work legally for the specific employer. Additionally, the employer should file Form I-9 as employment eligibility verification to USCIS.

What if the H1B transfer is denied?

As discussed earlier, the USCIS has an option or approve or deny. In case the USCIS decides to deny the application, it may ask for additional documents as a request for evidence from the employer before it rejects it. The request for evidence may differ from case to case. However, the standard documents requested under request for evidence are:

Educational testimonies: The employee should provide educational proofs in the form of certificates, graduate certificates, or additional diplomas.

Determination of specialty occupation: The employee has to prove that he/she fits into the category of specialty occupation by producing the relevant educational certificates, diplomas that are suitable for the job.

Employer-employee relationship: Employee and employer should produce a valid offer letter with all the job roles, responsibilities, and duties mentioned explicitly.

Financial documents: This document has to be produced by the employer to prove that he has the financial muscle to pay the employee as promised.

If in case, your application is denied despite producing all the relevant documents, don’t be disheartened. You can reapply under premium processing.

Reasons for rejection

You need to understand why your application got rejected. Some common reasons are:

Wrong fee payment by an employer: If your employer pays an insufficient fee or forgets to pay the fee under any mandatory fee mentioned in the process section under the employer documents section, then the transfer may get rejected. The USCIS occasionally changes the fee amount. If the employer has not checked the website on the correct fee and paid according to the old information, then the transfer may get rejected.

Inadequate evidence of specialty occupation eligibility: The H1B visa is granted for a specialty occupation. If the employee fails to produce educational documentary evidence as a proof for working under specialty occupation, then the HB transfer may get rejected.

Failure of the establishment of the employee-employer relationship: The employer should submit the employment relation contract. Failure of which can lead to denying of H1B transfer. USCIS wants to establish a genuine employee-employer relationship; hence, it asks for valid documentary evidence. The contract should specify the detailed job description, salary, work location, and responsibilities.

Salary payment: If the employer is unable to pay the agreed salary to the employee, the visa transfer gets rejected. The employer is supposed to produce all the financial statements, which states that he is financially stable to pay the salaries to the employee. Failing can lead to denial of the H1B transfer.

There can be other reasons like not delivering the documents on time to the right authority, filing incomplete documents, or the employee violated the U.S laws or committed a crime.

You can benefit from filing the H1B transfer by choosing the right employer, filing appropriate documents, and paying sufficient fees as requested by the USCIS. You can enjoy working in U.S under the non-immigration visa status along with your family.

Do you wish to switch jobs without losing your visa status?

List of H1B Transfer Companies in the USA

1.        ATG TEC H1B transfer jobs in USA
2.        Apex Technology Systems, Inc H1B transfer employer
3.        Terra Information Group Inc best company to transfer H1B VISA
4.        KeySoft H1B transfer consultants in USA
5.        Sure Tech Services H1B transfer companies in the US

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