Posted on June 06 2024
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 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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The process to apply for the H-1B visa when the visa holder changes the employer is as follows:
The H-1B visa holder must find a new job that is qualified as a specialty or skilled occupation.
The future employer will apply for the Labor Conditions Approval, which states the conditions of the position.
The processing time for the approval takes about seven days, and may vary depending on the case.
Once the approval is granted, the employer will file a petition by submitting the Form I-129 application.
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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H-1B Visa
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