An H-1B visa transfer allows H-1B visa holders to change employers without affecting their visa status. This process is particularly relevant for international students who’ve transitioned from F-1 student status to H-1B status and are seeking new employment opportunities in the U.S. This article will explain what an H-1B visa transfer is, the steps involved, how F-1 students transition to H-1B status, and key considerations for international students.
What is an H-1B visa transfer?
An H-1B visa transfer is the process by which an H-1B visa holder can move from one employer to another without needing a new visa. The new employer must file a new H-1B petition with the U.S. Citizenship and Immigration Services (USCIS). Unlike the initial H-1B petition, there is no cap on the number of H-1B transfers, and you can start working for the new employer as soon as the petition is filed with USCIS.
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Transitioning from a F-1 to H-1B visa
After completing your studies on an F-1 visa (the most common form of U.S. student visa), you may work in the U.S. under Optional Practical Training (OPT), which is often the first step toward an H-1B visa. If your OPT period ends before your H-1B status begins, you may be eligible for a what’s called a Cap-Gap extension, allowing you to continue working until your H-1B status starts. Your employer must file an H-1B petition on your behalf to transition from F-1 to H-1B status. For more information read our article on U.S. student visas.
H-1B visa transfer: The steps involved
Key considerations for international students
Timing and employment
One of the major benefits of the H-1B transfer process is that you can start working for the new employer as soon as USCIS issues the receipt notice, even before the transfer is approved. This allows for a smoother transition between jobs without significant gaps in employment that might make obligations like international student loan repayment a challenge.
Maintaining status
It is crucial to maintain your H-1B status during the transfer process. Ensure the new employer files the transfer petition before leaving your current job. Working without proper authorization can jeopardize your visa status.
Multiple transfers
There’s no limit to the number of H-1B visa transfers you can file, and each transfer follows the same process. However, each new employer must be reputable and capable of meeting all the H-1B requirements.
Impact on green card process
If you’re in the process of obtaining a green card as part of moving to the United States , an H-1B transfer can impact your application. It’s essential to discuss your situation with an immigration attorney to ensure the transfer will not negatively affect your green card process.
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FAQs
Yes, you can start working for the new employer as soon as USCIS issues the receipt notice for the H-1B transfer petition. This allows you to transition between jobs without a gap in employment.
If your H-1B transfer petition is denied, you must stop working for the new employer immediately. You may return to your previous employer if your original H-1B status is still valid or leave the U.S. if you’re out of status.
Yes, there’s no limit to the number of times you can transfer your H-1B visa. Each transfer requires a new petition from the prospective employer, and you must ensure each transfer follows the proper process to maintain your visa status.
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