Many candidates don't realize they can "transfer" their H-1B status to a new employer without going through the lottery again.
The H-1B transfer process is one of the most misunderstood aspects of business immigration. Here's what you need to know:
• Employees with existing H-1B status can change employers without entering the lottery;
• The new employer files a complete I-129 petition for the candidate;
• Work can legally begin as soon as USCIS receives the transfer petition;
• Employees don't need to wait for approval before starting the new role; and
• Premium Processing can provide decision certainty within 15 business days.
For added security, many candidates prefer waiting until filing fee checks are cashed or receipt notices arrive before giving notice to their current employer.
The best part?
If your previous employer filed an I-140 petition, you may be able to keep your priority date when changing jobs, preserving your place in the green card queue.
In today's competitive talent market, understanding the H-1B transfer process can be a powerful recruiting tool when approaching candidates who already have work authorization.
If you're someone who help in navigating the H1-B process, reach out.
P.S - The H1-B lottery for new visas opens March 7, and lasts until March 21.
This is your chance to apply for a new visa, but if you still have time left on your original H-1B visa, you can transfer to another employer at ANY TIME- no cap required. .
Check the link in the comments for more details on:
- How the process has changed,
- Who's eligible for applying
- How to proceed if you get selected
- What your options if you are not, etc.
To find out how we can help you achieve your American Dream of Legal Permanent Residency, and eventually U.S. citizenship, schedule a complimentary consultation with The Grady Firm’s attorneys by booking a call online, or calling +1 (949) 940-6725.
The Grady Firm has offices in Southern California, and its attorneys work remotely with clients from around the globe.
*This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular case, as each case has its own set of circumstances and must be evaluated individually by and attorney and adjudicated by USCIS or the relevant consulate.
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