What is an H1B Transfer?
This is a process of converting one’s H1B work visa from one employer to a new sponsor. It involves various steps this can be done only if the candidate has an existing H1B petition with a current or past employer.
An employer can petition for an H-1B transfer to the USCIS on behalf of a candidate any time in the year and this is not subject to any quota. A candidate can transfer and start working for the new employer once the H-1B transfer has been approved by the USCIS.
H1B Transfer Procedure
The most important step of H1-B transfer process is to find a project. Based on the educational qualifications and experience of the candidate, employer will find a project for the candidate before initiating the H1B transfer.
Once a project is secured and upon acceptance of Employment; employer will initiate an LCA also known as the labor condition application is filed using the client address where the candidate will be performing their job. This needs to be filed with the Department of Labor (DOL)
Upon approval of the LCA the H1B application will be filed by the law firm with the USCIS on behalf of the employer. This process could take up to 10 days from the date the H1B employee has filled out the H1B application form until the H1B is filed.
The H1B employer /law Firm will receive a acknowledgment or receipt for the H1B filing. This allows the H1B employee to legally work for the employer upon receiving of the H1B receipt
If USCIS approves the H-1B transfer, your present employer needs to be notified. Note that there is no necessity of getting a no objection certificate from the previous employer for the H1B transfer.
You can join and start working for the new employer any time after USCIS approves the H-1B transfer and you could work until the H-1B visa expiration date (as per your LCA).
Why H1B Consultants Prefer Us?
Excyl is all about possibilities, growth, learning, teamwork and leading change. Unlike Some US consulting companies who immediately terminate your employment if they can’t find you a project at excyl we won’t disappoint you. Placing candidates is at the forefront of our priorities, we begin marketing at least a month in advance to make sure there are no gaps between projects. We work really hard in recognizing the value of the high merit professionals and provide them exciting career experiences, abundant opportunities and impressive rewards.
- We are a part of quantum group of companies in 2 continents & 5 sectors of the economy
- Most of our employees are through referrals
- 99% success rate in H1 transfers and 98% success rate in GC applications over the past 17 years
- We offer comprehensive employee benefit programs to achieve work-life balance
- We always comply with the USCIS and USDOL, H1B Regulations
- We have over 17 Years of Expertise in properly filing H1B, I-129 Visa Petitions with the USCIS
- 96.3% employee’s satisfaction from our 2016 independent survey
- 97% clients/customer satisfaction from our 2016 independent survey
Documents required during the H1B Transfer Procedure
Documents to be provided by the primary H1B applicant
1) Copy of I-94 card (Front & back).
2) Copy of passport including the biographical information.
3) Copy of the visa stamps.
4) All previous approval notices.
5) Copy of all degrees, diplomas, transcripts and mark sheets.
6) Copy of work experience letters (Offer letters and Relieving letters)
7) Latest resume.
8) Most recent pay slips (Pay slips are not required if the existing H1B is never used and the transfer is applied from outside the country)
9) W2’s and tax returns (If applicable).
10) If you are currently in H4 now, then you will need to provide the copies of your spouse’s H1 approval notice, I-94, recent pay slip & marriage certificate.
11) If you are currently in F-1 now, then you will need to provide copies of your I-20s, OPT approval notice & Employment Authorization / “Practical Training” card.
12) If you are on J-1 now, then you will need to provide copies of your DS-2019, IAP-66 and all J-1 waiver documents.
Documents to be provided by the Spouse /Child of the H1 applicant (i.e. by the H4 applicant)
1) Copy of the passport along with copy of visa stamp
2) Copy of the I-94 card (front & back)
3) Copy of the marriage certificate (in case the H4 applicant is the spouse of the H1 applicant)
4) Copy of birth certificate (in case the H4 applicant is the child of the H1 applicant)