The H1B visa lets people with specific skills or schooling work in the United States briefly for a particular company. Someone can only get an H1B visa if their company pays for it. This means the company agrees to hire the person and help them get a visa from the US government.
The person with an H1B visa works for the company that sponsored them once they get to the US. And if they want to change jobs, they must go through a specific process if they have an H1B visa. You will need to find a new job with a company that will support the H1B Visa Transfer Process. It is up to the new company to ask the US Citizenship and Immigration Services (USCIS) to transfer the H1B visa sponsorship.
People with advanced degrees or specialized IT, engineering, healthcare, and finance skills often use the H1B visa. It allows them to work temporarily in the US for a set amount of time, usually three years at first, with the option to extend that time up to six years.
How to Transfer the Status of an H-1B Visa
Submit Labor Condition Application (LCA): The new employer must file an LCA with the conditions of the position.
File Petition (Form I-129): Once the LCA is approved, the employer can file Form I-129 (Petition for a Nonimmigrant Worker) to ask for the transfer before the worker's present job ends.
Pay Transfer Fees: The employer needs to pay the required H-1B transfer fees.
Submit Required Documents: Both the employer and the visa holder must provide the specified documents to US Citizenship and Immigration Services (USCIS).
Premium Processing Consideration: If the visa holder ceased employment with the original employer prior to the transfer, the employer should consider filing for premium processing to accelerate the process.
Visa holder: Upon receipt of the USCIS, the holder may commence employment with the new employer pending USCIS approval.
H-1B Transfer Processing Time
The processing time for an H-1B transfer generally ranges from 4 to 10 months. Factors influencing this duration include your employment location, processing center location, and overall immigration system workload. Application errors or incompleteness can cause the most extended delays.
Opting for premium processing can expedite the process to about 15 calendar days for an additional fee. Working with professionals and ensuring a complete, accurate application can help minimize processing time and avoid prolonged waiting periods.