Understanding H-1B visa transfers

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

  1. Job offer from a new employer
    • Before starting the H-1B transfer process, you must secure a job offer from a new employer willing to sponsor your H-1B visa.
  2. New employer files the LCA
    • The new employer must file a Labor Condition Application (LCA) with the Department of Labor. This certifies that the employer will pay the prevailing wage and that hiring a foreign worker will not negatively affect the working conditions of U.S. workers.
  3. New employer files Form I-129
    • The new employer must then file Form I-129, Petition for a Nonimmigrant Worker, with USCIS. This petition includes the LCA and other required documentation, such as your current H-1B visa approval notice, your resume and proof of your qualifications.
  4. Receipt notice from USCIS
    • Once USCIS receives the I-129 petition, they’ll issue a receipt notice. This notice allows you to start working for the new employer while the petition is pending.
  5. USCIS approval
    • You’ll receive an approval notice if USCIS approves the H-1B transfer petition. If the petition is denied, you must stop working for the new employer immediately and may need to return to your previous employer or leave the U.S.
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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.

Benefits beyond funding from MPOWER Financing

MPOWER Financing simplifies the financial aspects of international education and career progression with a unique approach to no-cosigner, no-collateral private education loans for international students. Additionally, MPOWER provides a comprehensive support program to help students succeed beyond funding.

  • Visa support: MPOWER helps international students navigate the U.S. student visa process, including providing a visa support letter and a visa essentials course. For those seeking additional assistance, options include personalized mock interviews and access to former U.S. visa officers for a fee.
  • Career services: We recognize the significance of securing a professional career in the United States. Students are not alone in this journey – MPOWER Financing is here to support the internship and full-time job search. Through our partners, we offer exclusive career services, including:
    • A guided internship and job search tool for F-1, OPT and H-1B visa-sponsored roles
    • A resume builder to match targeted job requirements
    • Job application support with profile and skill set match
    • A directory of F-1 eligible job roles for STEM and non-STEM degrees
  • Customized loan options: MPOWER offers international student loan amounts that cover tuition fees in the U.S. and Canada. Students attending school in the U.S. can also receive coverage for living costs, such as rent, books, computer and other education related expenses.
  • Fixed-rate student loan: Interest rates on MPOWER student loans are consistent, protecting borrowers from market fluctuations. This stability provides clear, predictable repayment plans with discounts available when auto pay has been established.
  • No cosigner or collateral needed: MPOWER’s loan structure removes the significant barrier of requiring a cosigner or collateral, which is particularly beneficial for international students without access to local guarantors.

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FAQs


Can I start working for my new employer before the H-1B visa transfer is approved?

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.

What happens if my H-1B transfer is denied?

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.

Can I transfer my H-1B visa multiple times?

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.

DISCLAIMER – Subject to credit approval, loans are made by Bank of Lake Mills or MPOWER Financing, PBC. Bank of Lake Mills does not have an ownership interest in MPOWER Financing. Neither MPOWER Financing nor Bank of Lake Mills is affiliated with the school you attended or are attending. Bank of Lake Mills is Member FDIC. None of the information contained in this website constitutes a recommendation, solicitation or offer by MPOWER Financing or its affiliates to buy or sell any securities or other financial instruments or other assets or provide any investment advice or service.

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