Maintenance of H-1B Status
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      1. The White Paper for F1 Students
      2. H-1B
      3. Maintenance of H-1B Status

      H-1B Transfer

      If you change jobs on an H-1B visa, your new employer must file an H-1B transfer to keep your status active.

      Although H-1B status is tied to your current employer, you can change jobs during H-1B. If you are unhappy with your current job or laid off by your current company, your H-1B can be transferred to a new employer once you find a new job. This process is known as an "H-1B transfer." For an H-1B transfer, you do not need to go through the lottery again, but your new employer must file the application and pay the fees.

      Despite the term "transfer," the process only involves the new employer. As long as the new employer is willing to submit the H-1B petition on your behalf, you can complete the "H-1B Transfer" without notifying your old employer. Once you resign, you can start working for the new employer.

      Application Process of H-1B Transfer

      1. Find a New Employer: The first step is to find a new employer willing to file an H-1B transfer application on your behalf.

      2. New Employer Prepares LCA: The new employer must prepare and submit a Labor Condition Application (LCA) for the new position to the U.S. Department of Labor (DOL). The DOL typically takes about 7 business days to review an LCA.

      3. Submit Form I-129: Once the LCA is approved, the new employer's attorney will help submit Form I-129 to USCIS. This step includes paying the required fees and possibly the premium processing fee.

      4. Receive Receipt Notice: After USCIS receives Form I-129, they will issue a Receipt Notice indicating that the H-1B transfer process has officially started. It usually takes a few days to a few weeks to receive this notice. The receipt will include a case number that can be used to track your case status on the USCIS website. At this point, your case status will be marked as “Case was received and a receipt notice was sent.”

      5. Start New Job: Once you receive the Receipt Notice, you can begin working for the new employer.

      6. Approval Process: USCIS will review Form I-129 and the supporting documents. If you choose premium processing, you will receive a response within 15 days. Without premium processing, the review may take several months.

      7. Approval Notice or RFE: USCIS will send either an approval notice or an RFE. If an RFE is issued, you must respond to USCIS's concerns, which could extend the approval process.

      8. Complete the Transfer: Once the H-1B transfer is approved, you can continue working for the new employer until your H-1B status expires.

       

      Q&A

      1. How long does an H-1B transfer take?

      The time required for an H-1B transfer depends on several factors, including USCIS processing times and whether you choose premium processing. Standard processing can take several months, while premium processing enables a response within 15 days.

      2. Can I start working for my new employer immediately during the H-1B transfer process?

      Under the "Portability Rule" of the American Competitiveness in the 21st Century Act (AC21), you can start working for the new employer as soon as USCIS receives the H-1B transfer petition, provided you meet these conditions:

      • You entered the U.S. legally.

      • The new employer submits an H-1B transfer petition before your current H-1B status expires.

      • You have not engaged in any unauthorized employment.

      3. What happens if I get laid off during the H-1B transfer process?

      If you are laid off during the transfer process, you will need to find another employer willing to file a new H-1B transfer petition or change to another status to remain in the U.S. legally. Otherwise, you must leave the country.

      4. Will the H-1B transfer affect my H-1B extension or green card application?

      As long as all procedures are followed legally and in a timely manner, an H-1B transfer will not affect your H-1B extension or green card applications

      5. Do I need to inform my current employer about the H-1B transfer?

      Legally, you are not required to notify your current employer about the H-1B transfer. However, it may depend on your employment contract or company policies.

      6. Does the new employer need to submit a new LCA?

      Yes, the new employer must submit a new Labor Condition Application (LCA) for your new position and file it along with Form I-129 to USCIS.

      7. If my H-1B transfer application is denied, can I continue working for my original employer?

      If your H-1B transfer application is denied, you can continue working for your original employer as long as your initial H-1B visa and I-94 remain valid.

      8. Do I need to maintain my H-1B status during the transfer process?

      Yes, you must maintain your H-1B status throughout the transfer process, which means you cannot leave your current job until the H-1B transfer is approved.

      9. Will my dependents' H-4 visas be affected by the H-1B transfer?

      The H-1B transfer does not directly affect your dependents' H-4 status, but you must ensure their H-4 status is also updated.

      10. Why do some companies hesitate to accept H-1B transfers? How can I address it?

      Some companies are reluctant to accept H-1B transfers because they must commit to hiring the employee before they can work, with no probation period. This requires significant investment in terms of time and cost. Companies without robust HR or legal departments may find the initial cost too high. Thus, they may prefer hiring students on OPT, evaluating their performance during the probation period, and then providing H-1B sponsorship if they prove to be a good fit.

      11. Can I ask more than one companies to sponsor my H-1B transfer at the same time?

      Yes, multiple employers can file H-1B transfer petitions for you. Each petition is reviewed independently and will not impact the outcome of others.