Can H-1B visa be transferred to another employer?

Can an H-1B visa be transferred to another employer?

No, an H-1B visa cannot be transferred to another employer. However, the H-1B visa holders are allowed to change their employers.

People applying for this visa must have a valid employment contract from a US employer. The employer files a petition for an H-1B visa on behalf of the worker. Thus, this visa is an employment-based contract and does not permit the H-1B visa to be transferred to another employer.

 

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H-1B Change of Employer

H-1B visa holders are allowed to change their employer while working under this visa. Once they accept the new job offer, the new employer must file a petition requesting a new H-1B status for the worker. The employee can temporarily work in the new role with the old visa until the new H-1B visa status is approved.

 

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What is the process to apply for H-1B while changing the employer?

The process to apply for the H-1B visa when the visa holder changes the employer is as follows:

 

Step 1: Finding a new job

The H-1B visa holder must find a new job that is qualified as a specialty or skilled occupation.

 

Step 2:  LCA Approval Condition

The future employer will apply for the Labor Conditions Approval, which states the conditions of the position.

 

Step 3: Processing of the Approval

The processing time for the approval takes about seven days, and may vary depending on the case.

 

Step 4: Submitting the Form I-129

Once the approval is granted, the employer will file a petition by submitting the Form I-129 application.

 

Step 5: Working with the new employer

The employee can legally work for the new employer with their current H-1B visa while the new visa is being processed.

 

Note: The H-1B Visa can be transferred only if the employee is working under a new job title. The transfer is permitted only if the job role and the duties fall under a specialty occupation.

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