What is an H1B visa transfer?

An H1B visa transfer allows an H1B visa holder to switch employers without needing to go through the H1B lottery again. The new employer must file an H1B transfer petition with USCIS before the employee can start working.

Can I transfer my H1B visa to a new employer without leaving the U.S.?

Yes, you can transfer your H1B visa while staying in the U.S., provided your new employer files an H1B transfer petition, and you maintain your current legal status.

Is there a limit on the number of times I can transfer my H1B visa?

No, there is no limit on the number of H1B transfers. As long as a new employer is willing to sponsor you and files the petition correctly, you can transfer multiple times.

Do I need to wait for my H1B transfer to be approved before joining a new employer?

In most cases, you can start working with the new employer as soon as USCIS receives the H1B transfer petition (under portability rules). However, if the petition is later denied, you may need to stop working immediately.

Who is eligible for an H1B visa transfer?

You are eligible if: You currently hold a valid H1B visa. You have received a job offer from a new employer. Your new employer files an H1B transfer petition with USCIS before your current H1B status expires.

What documents are required for an H1B visa transfer?

Key documents include: A valid job offer letter from the new employer. Your current H1B approval notice (I-797 form). Latest pay stubs or W-2 form. Copy of your passport, visa, and I-94 record. Academic certificates and work experience letters.

Does my H1B visa transfer require a new lottery process?

No, an H1B transfer does not require going through the lottery again. It is processed separately and can be filed at any time.

Can I transfer my H1B visa while my extension is pending?

Yes, but the approval depends on your current status. If your previous H1B has expired and your extension is pending, transferring may be riskier.

What is the step-by-step process for an H1B visa transfer?

Job Offer: Receive a job offer from a new employer. LCA Approval: The employer files a Labor Condition Application (LCA) with the Department of Labor. H1B Petition Filing: Employer submits Form I-129 to USCIS. Receipt Notice: You can start working with the new employer once USCIS issues a receipt notice. USCIS Decision: USCIS either approves or denies the petition.

How long does the H1B visa transfer process take?

Regular processing: 4 to 8 weeks. Premium processing: 15 calendar days (for an additional fee of $2,805).

Can I start working for my new employer while my H1B transfer is in process?

Yes, under H1B portability rules, you can start working once USCIS issues the receipt notice. However, if the petition is denied, you must stop working immediately.

What happens if my H1B transfer is denied?

If your H1B transfer is denied, you cannot continue working for the new employer. You may have to return to your previous employer (if your old job is still available) or leave the U.S.

Who pays for the H1B visa transfer fees?

The new employer must pay for the H1B transfer filing fee. Employees should not pay these fees, as per U.S. labor laws.

What are the costs involved in an H1B visa transfer?

USCIS Filing Fee: $460 ACWIA Fee: $750 – $1,500 Fraud Prevention Fee: $500 Premium Processing Fee (Optional): $2,805

Can I transfer my H1B visa without employer sponsorship?

No, H1B visa transfers require employer sponsorship. You cannot transfer your H1B visa without an employer filing an I-129 petition.

Will my spouse’s H4 visa status change if I transfer my H1B visa?

No, your spouse’s H4 visa remains valid as long as your H1B status is active. However, they may need to file for H4 extension if their I-94 is about to expire.

Can my spouse work if I transfer my H1B visa to a new employer?

If your spouse holds H4 EAD (Employment Authorization Document), they can continue working after your H1B transfer, provided the H4 EAD remains valid.

Can I travel internationally while my H1B transfer is pending?

Yes, but it is risky. If USCIS requests additional documents (RFE), you must be in the U.S. to respond. Also, re-entering requires a valid visa stamp.

Do I need a new visa stamp after an H1B transfer?

No, if your current H1B visa stamp is valid, you do not need a new visa stamp. However, if your visa has expired, you must apply for a new one before re-entering the U.S.

Can I transfer my H1B visa if I have an approved I-140 (Green Card Process)?

Yes, an H1B holder with an approved I-140 can transfer their visa without affecting their green card process.

What happens if I lose my job during the H1B transfer process?

You have a 60-day grace period to find a new employer or leave the U.S. If you do not transfer within this period, you may be required to return to your home country.

Can I apply for multiple H1B transfers at the same time?

Yes, you can file multiple H1B transfer petitions with different employers and choose the best offer.

Can my current employer revoke my H1B transfer application?

No, once your new employer files an H1B transfer petition, your old employer cannot revoke it. However, they can withdraw your previous H1B petition, impacting your grace period.

Can I negotiate better terms during an H1B visa transfer?

Yes! H1B transfers offer a chance to negotiate salary, benefits, and job conditions since you are not restricted by the lottery process.

What should I do if my employer refuses to release my H1B documents?

Your H1B approval (I-797), visa stamp, and I-94 record are personal documents. If your employer refuses to release them, you can access them directly via USCIS and CBP websites.

Category – Travel

H1B Visa Transfer: The Ultimate Guide for Indian Professionals

Updated On:

Feb 28, 2025

Karthik

Pursuing a new career in America is both exhilarating as well as demanding, more so for Indian nationals on an H1B visa. The new developments in America’s visa policies mean that a move from a current employer is a matter that demands updated information as well as planning. The following is a guide that gives you the latest information on the process involved in moving from a job on an H1B visa in America.

Understanding the H1B Visa Transfer

H1B visa transfer allows a professional to change employers without affecting their current H1B status. The transfer is not subject to the quota in case of a new application for H1B, which makes a job transition smoother.

Key Points:

Eligibility: As of 2025, H1B visa holders must maintain legal status and have a confirmed job offer from a new employer willing to sponsor the visa.
No Cap Restrictions: H1B transfers remain exempt from the annual numerical limitations.
Employment Continuity: You may commence work with the new employer once the USCIS receives the transfer petition, eliminating employment gaps.

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Step-by-Step Process of H1B Visa Transfer

Get a Job Offer: Secure a job offer from a U.S. employer that is poised to sponsor you on an H1B transfer.

Make a Labor Condition Application (LCA filing): The employer makes a filing with the Department of Labor (DOL) of an LCA in order to meet labor and work requirements.

File USCIS Form I-129: The employer sends USCIS Form I-129, Petition for a Non-immigrant Worker, following the approval of the LCA. In 2025, filings are made in electronic format.

Begin New Employment: Work may begin once USCIS issues a receipt notice, even before the final approval.

Await Final USCIS Decision: Monitor the status of the petition through the USCIS online portal.

Required Documentation

1. Personal Documents:

Passport copies
Current H1B approval notice (Form I-797)
Recent pay stubs, W-2s, and tax returns

2. Professional Documents:

Offer letter from the new employer
Job description matching H1B specialty occupation requirements
Resume reflecting qualifications and experience

3. Educational Credentials:

Degree certificates and transcripts
Credential evaluations (if required)

Processing Timelines and Premium Processing

H1B transfer in 2025 is 1 – 4 months’ standard processing time, which is dependent on workload and complexity.
Premium Processing: USCIS accelerates application processing in 15 days at a $2,500 additional cost.

Legal Considerations and Compliance

Maintaining Employment Status: To avoid complications, the new employer must file the transfer petition before leaving the current employer.
Grace Period 60-Day: In event of job loss, 60 days are allowed in which H1B holders can either secure new employment or convert visa status.
DOL Requirements: The employer is obligated to comply with DOL wages and keep appropriate documentation.

H-4 Dependents and Work Authorization

Status Maintenance: H-4 dependents retain their visa status during the transfer.

Employment Authorization for Spouses: H-4 visa holders with an Employment Authorization Document (EAD) may need to renew it if employment conditions change.

Travel Considerations During H1B Transfer

Traveling abroad with a Pending Petition: Overseas travel can lead approvals to be delayed. Plan travel with counsel from a lawyer.
Visa Stamping: In case you have let your visa stamp expire, you will have to renew it at a U.S. consulate before you can travel again to the U.S.

Common Challenges and Solutions

Delays in Processing: Processing backlogs can delay approvals. Opting for premium processing can speed up decisions.
Transfer Denials: The most common reasons for denial include employer ineligibility, incorrect job classification, and insufficient documentation. Ensuring accuracy in submissions minimizes these risks.

Special Considerations for Indian Professionals

Understanding America’s Job Landscape: Indian professionals will have to network, up-skill, and track developments in industries in order to attain competitive positions.

Credential Verification: Some American employers mandate credential evaluations in order to verify degrees from Indian institutes.

Community Support: Professional groups and Indian diaspora organizations can provide valuable resources for career growth and legal support.

Managing International Money Transfers and Foreign Remittance

Financial planning is critical when transitioning between jobs in the U.S.

Sending Money Abroad: Using reliable platforms ensures secure and cost-effective transactions.

Exchange Rates and Fees: Monitoring forex rates and choosing services with minimal fees can maximize savings.

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Conclusion

Navigating visa transfers on an H1B visa is a rigorous process that also requires understanding new policies. Staying updated with USCIS requirements as well as visa compliance is necessary in order to have a smooth transition.

With moneyHOP, you can send money overseas with ease, free from excessive fees and poor exchange rates. Feel a seamless transition by choosing moneyHOP today.

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