H1B Transfer Process Guide
Complete guide to transferring your H1B visa to a new employer
What is H1B Transfer?
H1B transfer allows you to change employers while maintaining your H1B status. This process is also known as H1B portability and is governed by AC21 (American Competitiveness in the 21st Century Act).
Eligibility Requirements
- Currently in H1B status
- Valid H1B visa stamp
- New job offer in a specialty occupation
- New employer willing to sponsor H1B
- Previous H1B petition was approved
Required Documentation
From the Employee
- Current passport
- Current H1B approval notice
- Recent pay stubs
- Educational documents
- Previous employment letters
- Resume/CV
From the New Employer
- Company registration documents
- Tax returns
- Financial statements
- Job description
- Prevailing wage determination
- Labor Condition Application (LCA)
Step-by-Step Process
- Obtain job offer from new employer
- New employer obtains prevailing wage determination
- New employer files LCA with DOL
- New employer files H1B transfer petition
- Wait for receipt notice
- Optional: Request premium processing
- Receive approval notice
- Start working for new employer
Timing Considerations
- Can file transfer petition while working for current employer
- Can start working for new employer after filing (portability rule)
- Processing times vary (regular vs. premium processing)
- Consider notice period with current employer
Premium Processing
Benefits of premium processing for H1B transfer:
- 15-day processing guarantee
- Faster decision on petition
- Earlier start date with new employer
- Reduced uncertainty
Common Challenges
- Gap in employment
- Salary requirements
- Job location changes
- Documentation issues
- Processing delays
Important Considerations
- Maintain valid status throughout process
- Keep documentation of current employment
- Understand portability rules
- Consider timing of resignation
- Plan for potential delays
After Transfer Approval
Steps to take after approval:
- Update I-9 with new employer
- Maintain approval notice
- Keep pay stubs and employment records
- Update travel documents if needed
Recent Changes and Updates
Stay informed about the latest changes to H1B transfer process and immigration policies.