The H-1B visa is a popular option for foreign professionals working in the United States but is employer-specific. This means that H-1B visa holders can only work for the employer who sponsored their visa. However, this does not mean you are stuck with one employer indefinitely. You can transfer your H-1B visa to your new employer if you find a new job. This post will walk you through changing employers and transferring your H-1B visa while answering common questions about timelines and options like premium processing.
How Do I Change My Employer and Transfer My H-1B Visa?
To change your employer, your new employer must file a Form I-129 Petition for a Nonimmigrant Worker with U.S. Citizenship and Immigration Services (USCIS). This form is necessary to request a change of employer and to transfer your H-1B visa. It’s important to note that you, the visa holder, cannot file this petition yourself—the new employer must handle the filing process.
When Can I Start Working for My New Employer?
Once your new employer files the I-129 petition and USCIS receives it, you can start working for your new employer immediately. You don’t need to wait for the case to be fully approved, but the petition must at least be in the “received” stage to legally begin your new job. This is an excellent benefit for H-1B workers who want to avoid any gap in employment during the transfer process.
How Long Does It Take for Form I-129 to Be Approved?
Processing times for Form I-129 vary depending on the USCIS service center handling the case. Typically, the standard processing time for an I-129 petition ranges from 3 to 6 months. This can feel like a long time, especially if you’re eager to settle into your new position but remember that you can begin working once the petition is received.
Can I Speed Up the Processing of My Case?
You can speed up the processing by filing Form I-907 for Premium Processing. Premium Processing guarantees a decision on your case within 15 business days, but it comes with an additional fee. While this is an extra cost, it can be a great option if you need your case expedited for any reason, such as starting work on a tight schedule or having urgent personal or professional commitments.
How Far in Advance Can I File Form I-129?
Form I-129 can be filed up to 6 months before your employment start date with the new employer. It’s advisable to file as early as possible to avoid delays. Even though USCIS processing times vary, starting early will give you flexibility if any unexpected issues arise.
Additional Tips for a Smooth H-1B Transfer:
- Communicate with Your Current Employer: While you are not required to inform your current employer about your transfer until you’re ready, it’s best to plan your transition to avoid conflicts or misunderstandings.
- Maintain Legal Status: Ensure your H-1B visa remains valid while processing your transfer. If your passport expires, you may not be allowed to stay in the U.S.
Conclusion
Proper planning can smooth the transfer of your H-1B visa to a new employer. Remember to ensure that your new employer files Form I-129 promptly and consider using Premium Processing if time is a factor. By filing early and staying informed, you can transition to your new job with minimal stress. Although transferring your H-1B visa can seem straightforward, it’s always a good idea to consult with an immigration attorney, especially if your situation is complex or you are concerned about maintaining legal status during the transfer.
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Citations
- USCIS: Form I-129 Petition for Foreign Worker
- USCIS: Form I-907 Premium Processing
- USCIS: H1B Visas for Specialty Occupations
We Can Help!
You may have questions regarding the H-1B visa transfer process. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
