Understanding H-1B Transfer Basics

H-1B transfer lets you switch employers while maintaining visa status. You don't enter the lottery again. Your original H-1B counted you against the annual cap. That count stays valid even when changing companies.

Technically, H-1B change of employer isn't truly a "transfer" in the sense of moving something between entities. Instead, your new employer files a completely new petition. The key advantage is cap exemption. You skip the lottery step.

H-1B portability rules under INA Section 214(n) allow starting work before USCIS approves your new petition. Once the new employer properly files a non-frivolous petition, you can begin employment. This powerful provision enables career mobility.

H-1B transfer requirements include maintaining valid status. You must not have worked without authorization since your last US entry. Your new petition must be filed before your current H-1B expires. These conditions protect portability eligibility.

Transfer H-1B to new employer processes work for both cap-subject and cap-exempt positions. If you're moving from nonprofit to for-profit or vice versa, transfer rules still apply. You avoid lotteries regardless of employer type.

Beyond Border guides H-1B holders through employer changes ensuring proper petition preparation and maximum portability benefits.

Step-by-Step Transfer Process

Start H-1B transfer timeline by securing a job offer from your new employer. They must commit to sponsoring your H-1B. Without employer willingness to file petitions and pay fees, transfers cannot proceed.

Step one is Labor Condition Application filing. Your new employer submits LCA through the Department of Labor FLAG system. The LCA specifies job duties, wage rates, and work locations. DOL certification typically takes 7 business days.

Step two involves assembling H-1B transfer documents. Gather your current H-1B approval notice, passport, I-94 arrival record, recent pay stubs, and employment verification letter. New employer needs these proving your current status.

Step three is Form I-129 petition preparation. Your new employer files this with USCIS including the certified LCA, job description, company documentation, and your credentials. The petition requests H-1B classification under new employment.

Step four involves deciding your start date. Under H-1B portability rules, you can begin working when USCIS receives the petition and issues a receipt notice. Alternatively, wait for full approval before starting for maximum security.

Step five is notifying your current employer. Most workers wait until the new petition is filed, if not approved, before giving notice. This protects against unexpected denials jeopardizing both positions.

Beyond Border manages complete H-1B transfer processes from LCA filing through petition approval and status transitions.

When You Can Start Working

H-1B portability rules permit starting work upon petition filing. Legally, you can begin the later of either when USCIS receives your Form I-129 or the requested start date on the petition.

Receipt confirmation comes through USCIS acknowledgment. Typically this takes 4-7 days to 2 weeks after mailing. You receive Form I-797C receipt notice confirming petition filing. This triggers your work authorization with the new employer.

However, H-1B change of employer carries risks when starting before approval. If USCIS denies your petition, work authorization immediately ceases. You must stop working and could face status violations affecting future immigration.

Conservative approaches involve waiting for approval before starting. Standard processing takes 2.5-4 months. H-1B transfer timeline delays frustrate employers and workers but eliminate denial risks.

Premium processing offers middle ground. For $2,805, you get decisions within 15 business days. This shortens uncertainty periods significantly. Most employers and workers find premium processing worthwhile for transfers.

Consider the 60-day grace period. If your current employer terminates your employment, you have 60 days to file new petitions or change status. Filing during grace periods maintains continuous lawful presence enabling portability.

Beyond Border advises clients on optimal start dates balancing legal permission against practical risk tolerance.

Transfer Costs and Documentation

Transfer H-1B to new employer costs vary by company size. Base Form I-129 filing fee is $1,055 ($530 for small employers). ACWIA training fee adds $750 for companies with 1-25 employees or $1,500 for 26+ employees.

Fraud Prevention and Detection Fee costs $500 for initial H-1B petitions but doesn't apply to most transfers unless you're cap-exempt changing to cap-subject. Asylum Program Fee runs $600 for employers with 26+ employees, $300 for 25 or fewer, with nonprofits exempt.

Public Law 114-113 fee hits large companies. Organizations with 50+ employees where over 50% hold H-1B or L-1 status pay $4,000 additional. This affects major consulting firms and IT staffing companies.

H-1B transfer documents required from you include current H-1B approval notice, passport biographical pages, I-94 record, diplomas and transcripts, recent pay stubs proving current employment, and employment verification letters.

New employer must provide job offer letter, detailed position description, organizational chart showing reporting structure, company financial documents proving wage-paying ability, and business licenses demonstrating legitimate operations.

The certified LCA from Department of Labor forms crucial H-1B transfer requirements documentation. Without LCA approval, USCIS cannot process I-129 petitions.

Beyond Border prepares complete transfer documentation packages ensuring nothing is missing and maximizing approval chances.

Avoiding Common Transfer Pitfalls

Many H-1B transfer attempts fail due to status violations. Working even one day without authorization breaks portability eligibility. Maintain continuous lawful employment with current employer until new petition is properly filed.

Second common mistake involves giving notice too early. Don't resign current positions before new petitions are at least filed with USCIS, preferably approved. If petitions get denied, you lose both jobs and your status.

Third error is inadequate documentation of specialty occupation qualifications. New positions must qualify as specialty occupations requiring bachelor's degrees. Generic business roles face scrutiny. Provide detailed job descriptions explaining technical requirements.

Fourth mistake involves wage level errors. The offered wage must meet prevailing wage requirements for the position and location. Underpaying triggers RFEs or denials. Verify wage levels carefully before filing.

Fifth pitfall is failing to address cap-exempt to cap-subject transitions. If you're moving from a university to a for-profit company, special considerations apply. You might need October 1 start dates or remaining H-1B time from previous cap-subject employment.

Sixth mistake is poor timing around visa stamps. If you travel internationally during H-1B change of employer processing, you need valid visa stamps for reentry. Expired stamps require consular processing even with approved petitions.

Beyond Border helps workers avoid transfer pitfalls through comprehensive status reviews and strategic planning before job changes.‍

Frequently Asked Questions

Can I transfer H-1B without my current employer knowing? Yes, H-1B transfers don't require current employer permission or notification, though you should maintain employment until new petition is filed to avoid status gaps.

How long does H-1B transfer take to process? H-1B transfers take 2.5-4 months with standard processing or 15 business days with $2,805 premium processing, though portability allows starting work upon filing.

What documents do I need for H-1B transfer? Transfer documents include current H-1B approval notice, passport, I-94, pay stubs, employment letter, diplomas, and new employer job offer plus company documentation.

Can I start working before H-1B transfer approval? Yes, under portability rules you can start working once USCIS receives the new petition, though waiting for approval eliminates denial risks.

Do H-1B transfers require going through lottery again? No, H-1B transfers are cap-exempt since you already counted against the annual cap through your original approval, allowing employer changes without lottery.