H-1B Visa Transfer

H-1B visas allow U.S. employers to hire foreign workers who possess specialized knowledge temporarily up to six years. If an H-1B holder changes jobs, they must file a visa transfer (not subject to cap lottery again).

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H-1B Transfer Application Process

01

New employer files LCA (Labor Condition Application) to the Department of Labor

02

Submit H-1B transfer petition to USCIS after LCA is approved

03

Wait for USCIS to deliver a result (applicant may start working upon receipt of USCIS filing)

04

Receiveapproval with new I-797

Note

  • If you plan on switching employers while on H-1B status, it is recommended to first obtain 2-3 months’worth of pay stubs from the current employer before filing a transfer in order to increase the case’s success rate.
  • Although H-1B transfer is not subject to the cap lottery, the applicant must still submit a complete application to pass USCIS’s review

Please schedule a consultation with our attorney if you have any questions