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. Check for Employment Visa Process in UT Evaluators.
H-1B Transfer Background
Essentially an H-1B transfer follows the same process as the regular H-1B visa in terms of documentation (except there is not H-1B cap imposed). Based on the American Competitiveness in the 21st Century Act (AC21) a foreign national worker may file for an H-1B transfer petition if they have not accrued unlawful presence.
To file the H-1B transfer you need to submit a number of documents including:
1. A copy of the job offer from the employer detailing the salary, job title and signatures from both the employer and employee
2. Copy of recent pay stubs or a letter to serve as proof of employment
3. Copies of approval notices (I-797, I-94’s and any other visas)
4. Copies of academic degrees, transcripts or diplomas
5. Previous approval notices
6. Recent resume
7. Copy of your social security card
8. Copy of the pages in your passport
9. Copy of any W-2’s or tax returns, if applicable
What’s beneficial about an H-1B transfer is it can be applied for more than one employer simultaneously and there are no limits on the number of H-1B transfers you can get.
Click here to learn about H-1B Cap Exempt Jobs–not subject to the annual quota limits. To know more info on H1B Visa check Planetm
Because H-1B transfer petitions are not subject to the cap, the petition can be filed at any time and you are not limited to waiting until October to work.