Why I Chose H1B Transfer Premium Processing: How to Do H1B Visa Change of Employer in the USA?

So now that you have a valid US H1B visa to work in the United States and you have been working for your employer for a while, you might find a better offer and switch jobs. This is where the whole H1B transfer part comes into the picture.

That is exactly what I did. So if you are wondering whether you can transfer H1B visa to another company, the answer is yes.

The good news is that transferring H1B is probably easier than getting one in the first place, although during Trump’s presidency, things got harder and weirder than usual.

I transferred my H1B from my employer to another employer while being in the USA. This article has been written based on my own experience as well as inputs from many of my co-workers and friends who found a new H1B employer and changed their visas.

Here is how everything went, and all that you need to know.

What Exactly is H1B Transfer?

When an employee with an H1B visa changes his/her employer, he/she needs to file “Change of employer”. This is popularly referred as a H1B transfer.

An H1B transfer is technically different from an H1B extension, although you will usually get an extension when you get a transfer. The big difference is that with the transfer, you are changing your employer.

When you are doing an H1B transfer, you don’t need to

• go through the H1B lottery again since you are already counted in the H1B quota.
• register your H1B.

It makes use of the I-129 form to do this, which is filed with USCIS when you file an H1B transfer petition.

When Can You Do H1B Visa Transfer?

You can do the H1B Visa transfer in the following situations. The transfer process will be different depending on whether you are in the USA or outside and whether you have worked in the USA. And the requirements will vary as well.

For USCIS, it all boils down to two things: cap-exempt situation and status.

I fell into the first category which is probably the most common one.

1. Transferring H1B after Working in US: You are in the US

So let’s say you are working in the USA and you have not yet completed the 6 year quota. Your H1B visa is valid and you found a new employer with a better offer.

And now this new employer will file for an H1B transfer for you. This is the most common scenario with H1B transfers.

Are You Cap-exempt?

As you are already in the USA, and working for your employer, it means you are cap exempt.

Your approval notice would be proof of this.

Can You Prove Your Status in the USA?

To prove that you have maintained your status in the USA, you need to submit various documents like tax returns and recent pay stubs, as well as the approval notice.

This is what I did and I will cover the detailed process and requirements down below.

2.H1B Transfer after entering US in 15 Days or Less

This shouldn’t usually happen but it does sometimes. So you land in the USA with your H1B, ready to delve into that American dream. However, you soon realized that the employer is shoddy or the terms of employment are different from what has been communicated to you or whatever.

Are You Cap-exempt?

Of course, you are. You just came in on a valid H1B visa. So no worries on that front.

Can You Prove Your Status in the USA?

Since the pay stubs usually get generated every 15 days or more, you wouldn’t have them. So you would need to provide the following:

• Copy of Stamp on passport
• I-94 copy
• Copy of valid visa
• Copy of approval notice

You do not have to exit the USA. You can do H1B transfer within US.

3. Transferring H1B after Working in the US: You are outside US

So you worked for an employer for a couple of years and then had to go back to your home country or some other place, and now you want to come back to the USA with a new employer.

The point is that you haven’t consumed the 6 years quota on your H1B. You are eligible to use the unused time by transferring H1B to another employer.

Are You Cap-exempt?

You are H1B cap-exempt since you have already worked in the USA on H1B, and held the status once.

Can You Prove Your Status in the USA?

Although you don’t have to prove your current status in the USA, you need to prove that you maintained the status when you worked there.

You would need to provide

• Approval notice from the previous employer(s).
• Copy of old pay stubs
• Copy of old H1B visa
• I-94 travel history
• W2 tax forms

4. H1B Transfer outside of US: You never visited US

Have you heard about cases where an applicant got his/her H1B petition approval, and even the visa stamped but could never travel to the United States because there was no project available? Or because of XYZ reasons?

Or they got the visa and then resigned without ever traveling to the USA?

I have. So many times.

In this case, you can transfer your H1B to another employer through non-cap processing.

Are You Cap-exempt?

Although the cap-exempt situation here is a little tricky and a bit of a grey area, there two scenarios that come into play.

> You received a valid petition but didn’t get the visa stamped.

If you have a valid H1B petition but never got the stamping, in that case, you should technically be cap-exempt since your name was once picked in the lottery and you have the petition approved.

I personally know people who have done this. And although sometimes the USCIS might take time to make a decision on the cap-exempt status and may deny it, mostly it is positive only.

>You got the visa stamped.

Now, if you had H1B stamped, then you technically had H1B status and you would be eligible for cap-exempt H1B transfer. The probabilities of getting a successful H1B transfer in this case is a little higher than the first one and maybe a little faster.

Can You Prove Your Status in the USA?

Since you never went to the USA, the concept of H1B out of status is not really relevant. You wouldn’t have I-94 or pay stubs or anything else.

5. H1B Transfer on I-140

This is also one of the most common situations. Once you have started working in the USA, and your employer started your green card application, at some point of time you would get your I-140 approved.

If your I-140 is approved, you can work in the USA even after you complete the 6 year quota for H1B.

With an approved I-140 for over 180 days, you can find a new employer and use it to apply for H1B transfer.

Are You Cap-exempt?

Since you have consumed the whole 6 years of the initial H1B, you would need to provide a copy of your approved I-140 to prove that you are cap-exempt.

Can You Prove Your Status in the USA?

You can get the H1B visa transfer in the USA. You can also do the transfer without being in the USA.

In order to prove that you are not H1B out of status, you would need to provide:

• Current pay stubs
• Tax documents
• I-94

You might not need all this if you are not in the USA though.

USCIS H1B Transfer Process

The H1B transfer process is very different from getting a new US H1B visa. The biggest differences are:

Now, these are the major differences. But apart from that, the process is more or less the same.

Step 1: Get a New Job for H1B Change of Employer

It might seem like stating the obvious but I have known people who thought they could join any company after leaving their old one and transfer the H1B.

Your employer must be one of the H1B sponsoring companies. Not all companies sponsor H1Bs or have attorneys or operations in the USA.

In my case, I was already in the USA and found a new employer who had a good H1B approval success rate and would be able to sponsor my H1B

Step 2: Provide H1B Transfer Documents to New Employer

Many employers ask for some or all the required documents to prove your status and validity even before providing the offer letter. This is to ensure that the candidate is not out of status in the United States before sending an offer letter.

I had provided most of the required documents before my employer sent me the offer letter. I will cover the complete list of documents below in another section.

Step 3: H1B Sponsoring Employer files LCA with DOL

The immigration department or attorneys of your employer will file the Labor Condition Application(LCA) with US Department of Labor (DOL), once you send in all the documents.

The LCA contains information about your wages and other details. It is a mandatory requirement for transferring H1Bs.

There is nothing on the LCA that identifies you. My employer actually sent me the LCA and I printed it out and posted it on the communal posting board for 10 business days. It is a 7-page document actually.

You need to sign the last page of the H1B transfer LCA and send it to your employer.

Step 4: New H1B Company Files Transfer Petition with USCIS

Once the LCA is approved, then only the new H1B employer would file the petition with USCIS. This is something that also happens when you get a new H1B.

Basically, they file the I-129 Petition for Nonimmigrant Worker with USCIS and provide all the documents you have provided, the LCA, and more documents from their side.

Step 5: Receive FedEx/UPS receipt for H1B Transfer Packet

Once your application is filed, your new employer will be sending the documents in a packet usually through FedEx or UPS to the USCIS service center.

You can get the UPS/FedEx tracking number and track the status yourself.

This is important because often it can take a while to get the transfer receipt. Once you get this receipt, you are good to submit the resignation.

Step 6: Payment of H1B Transfer Fees

Your employer would make the payment for transferring H1B.

Step 7: Receive the USCIS H1B Transfer Receipt

Receiving a receipt means that your H1B transfer petition has been received by the USCIS and that the processing will be started or has already. Your employer receives this H1B receipt or H1B case number and then can forward it to you.

With this receipt number, you can track H1B transfer status online.

Step 8: Adjudication/Approval/RFE

Once you receive the receipt, the H1B transfer petition would be adjudicated by USCIS for a few days or few months. It all depends on the current caseload of the service center and whether your transfer application for transferring H1B was filed under regular or premium mode.

If your H1B transfer is filed in April/May when the H1B season begins, you can expect some delays.

After this, you might get an RFE and need to submit some extra documents like the client letter and more.

I got the RFE and then they asked for the client letter and pay stubs from the new company after which it was approved.

After this, you would get the approval or denial.

In my case, it was adjudicated for almost 4 months more or less.

Step 9: Receive the I-797 Hard Copies

Once your H1B is approved and you receive the email on this from your employer, the last thing you need is the hard copy of the I-797 approval notice. It is the same that you received when you got your H1B the first time.

This is very important as you would be needing this for any future transfers as well as other purposes such as renewing a driving license.

Documents Required for H1B Transfer

Here are the list of documents that you would need for an H1B transfer. As the requirements for H1B transfer would vary depending on your situation and whether or not you are in the United States, the documents would vary as well.

It goes without saying that you need to have a valid passport.

Case 1: If You Have Worked in the USA before

1. Copy of I-94
2. Copy of H1B Stamp on passport
3. I-797 approval notice for the previous H1B
4. Copy of 3 most recent pay stubs
5. Copy of W2 Tax forms from employer 
6. Copy of SSN 
7. I-140 copy if you are an I-140 holder
8. Resume
9. Copy of offer letter from new employer containing the job title, salary. It must be signed by both applicant and employer.

Case 2: If You Haven’t Worked in the USA before

1. I-797 approval notice for the previous H1B
2. Copy of H1B Stamp on the passport if you got stamping
3. Experience letter/ Pay Slips from the previous employer who filed H1B
4. Resume

And then depending on your particular case, you might also need:

1. Academic Evaluation and/or educational credentials assessment
2. Copy of Bachelors/ Masters Degrees or any higher education

H1B Transfer Fees & Who Pays It?

The cost of H1B transfer varies depending on the size of the company and the attorney fees.

But it’s always the employer that pays for H1B transfer. Never you. If your employer asks you to pay for a transfer, it’s a big red flag. Run.

The only exception is the optional premium filing fees that many employers wouldn’t pay themselves.

The H1B transfer fees can vary from $1700 to $7900, excluding the attorney fees.

H1B Transfer Fees	Amount in USD
I-129 base filing fees	$460
Fraud prevent & detection fee	$500
Fees w.r.t Public Law 114-113	$4000 (Only if there are 50 or more employees and more than 50% of employees are on H1B or L1 Visa status
AICWA Fee (American Competitiveness and Workforce Improvement Act of 1998)	$750 (if the number of full-time employees are less than 25) $1500(if the number of full-time employees are more than 25)
H1B Transfer Premium processing fee (Optional)	$1,440
H1B Attorney Fees	$500-$3000.

Opting for H1B Transfer Premium Processing

I do think that you should definitely go for H1B transfer premium processing, once you know for sure that your application has been filed with the USCIS.

So the bottom line is, yes, you will end up $1440 poorer if you pay for it yourself. But it is worth it, considering the fact the whole H1B visa transfer processing can become a pain in the ass.

For me, my peace of mind was much more important. So after waiting for 4 months or so, I decided to pay for the premium processing myself. And it definitely helped.

Processing Time for H1B Transfer

The H1B transfer processing time can vary depending on various factors like the time of the year when it was filed, your own case status, documentation and a lot other factors.

In my case, it took more than 4 months. It would have probably taken more time had I not opted for premium filing. Once the premium filing was done, everything was swift and I got the approval in 10 days after I filed in premium.

So almost 5 months more or less.

If you want a faster response, I would recommend going for H1B transfer premium processing.

H1B Timeline	What Happens?
LCA	This is simple. Your employer sends this document to display on a notice board or community board in your workplace.
Petition submission	The employee and the employer get ready with all the documentation. Depending on the complexity of your status and situation, this will take time.
USCIS H1B Transfer Petition Processing	USCIS examines the documents. You get an RFE. Or not.

H1B Visa Transfer in the USA: When Can You Resign?

To tell you the truth, you shouldn’t resign unless your H1B transfer petition is approved. Because while uncommon, you can get your H1B transfer denied.

But unless it’s premium processing, a normal transfer takes time. Like months. And clients don’t want to wait for months. Your employer doesn’t want to wait for months. And most probably, you as well.

Everyone wants things to happen in 15 days even though you are just gonna sit for months spacing out after joining.

So it is a common practice to resign when you get the H1B receipt for transfer. And many times, after your H1B transfer packet has been sent through FedEx or UPS.

I resigned after my packet was sent. But you need to make this decision for yourself.

H1B Stamping after Transferring H1B: Yes or No?

I have known so many people who kept on getting H1B transfers (or extensions) for years and never left the USA for stamping. So as long as you are in the United States and have the valid I797 petition approvals, you are good.

I didn’t go for stamping after getting transfer.

The issue with this approach is that if you need to leave all of a sudden for some emergency. Then you can’t come back without stamping H1B visa on your passport. So you need to factor in the time for the appointment and a possible interview at a US consulate.

That’s the reason, if you can, try to leave the USA and go to Mexico or Canada or some other country nearby and see if you can get the visa stamped.

H1B Visa Transfer: F.A.Q.S

Can Multiple H1B Transfers Filed at the Same Time?

Multiple H1B petitions can be filed from different employers for an H1B transfer at the same time. So, say you get a couple of offer letters at the same time and both these employers file your transfer, that is totally ok.

They might both get approved. One of them might get denied while the other one is approved. It doesn’t affect you.

Do You Need Permission from Old Employer?

No you don’t.

An H1B sponsoring company can start your H1 transfer without asking for prior permission from your employer. The whole thing is dependant on your current approval notice.

Is It Possible to Do H1B Transfer without Pay Stubs?

See, this totally depends on your case and your status.

Are You in the United States?

If you are in the United States, it implies that you have maintained status throughout the H1B petition. It means that your current I-797 has not expired and that you have not been out of a job for more than a certain period of time.

This certain period of time can vary as well. It would depend on how good the attorneys of your new employer are. The laws fall in a grey area and different attorneys interpret it in their own ways.

One thing is sure: If your pay stubs are older than 60 days, your processing would be complicated and you would need to leave the USA and get the visa stamped.

Are You outside the United States?

If you are outside, and you worked in the United States in the past, you would need to submit your last pay stubs to reflect when you worked there last.

H1B Transfer Denied: Reasons

What a lot of people don’t realize is this. Even when you play by all the rules, even if all your documents are in place, your application still might get rejected because of a clerical error or prejudice or some other reason.

After all the people who work in these USCIS offices are human beings. And every here and now, they might make mistakes.

Barring that, here are the common reasons for an H1B Transfer rejection.

1. You are or were out of status for a while.
2. Your I-140 was withdrawn before 180 days(if applicable).
3. The transfer is from a Cap exempt employer like a University or non-profit research to a for-profit organization like an MNC.

How was Your Experience with H1B Change of Employer? Feel free to ask any questions.