H-1B transfer is the process of having a new employer sponsoring for your H-1B visa so that you could work for that employer. An employer can petition for an H-1B transfer to the USCIS on behalf of a candidate any time in the year and this is not subject to any quota. A candidate can transfer and start working for the new employer once the H-1B transfer has been approved by the USCIS.

H-1B Transfer Process:

• New Employer files I-129 petition with the USCIS requesting for the H-1B transfer process.
• USCIS processes your case and a decision is made.
• If USCIS approves the H-1B transfer, your present employer needs to be notified. Note that there is no necessity of getting a no objection certificate from the previous employer for the H-1B transfer.
• You can join and start working for the new employer any time after USCIS approves the H-1B transfer and you could work until the H-1B visa expiration date (as per your LCA).

H-1B Transfer Processing Time:

You could choose to apply for an H-1B visa transfer through regular processing or premium processing.

• H-1B Transfer – Regular Processing generally takes from one to four months to have a decision made.
• H-1B Transfer – Premium Processing would take around 15 to 30 days.

H-1B Transfer Fees:

The fee is the same as your initial H-1B Filing and has to be paid by your employer who is doing the transfer. The following is the fee structure.

I-129 Fee: $325

American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) Fee: If 25 employees or more, then $1500; If Less than 25 employees, then $750

Fraud Prevention Fee: $500

Public Law 111-230 fee: According to this law, If the company has more than 50% H1B employees then they have to pay $2000

Premium Processing Fee: $1225

Fee for Different Scenarios:

Scenario 1: Small company (less than 25 employees)

Total Fee: $325 + $750 + $500 + Attorney Fees =  $1575 + Attorney Fees

If the employer wants to do it in premium processing, then add $1225 = $2800 + Attorney Fees

Scenario 2: Large company (More than 25 employees)

Total Fee:  $325 + $1500 + $500 + Attorney Fees =  $2325 + Attorney Fees

If the employer wants to do it in premium processing, then add $1225 = $3550 + Attorney Fees

Some Noteworthy Points:

• While filing for an H-1B transfer with a new employer, the current employer doesn’t need to be notified. Approval from the current employer is not necessary to file an H-1B transfer.

• There is no limit on the number of times an H-1B transfer can be applied.

• H-1B transfer can be applied for multiple employers at the same time.

• There is no necessity for H-1B visa stamping if you are still having H-1B stamp unexpired, for an H-1B transfer.

• Although your H-1B transfer has been approved by USCIS, if you change your mind you could still continue working with the present employer as if the transfer was never filed.

• If you are on H-1B and are in your home country and want to transfer your H-1B, there is no requirement to show any documentation related to the prior legal status in the U.S.A.

• If you are on H-1B and living in the U.S.A., recent pay stubs, bank statements and w-2s are the documents necessary to be submitted in order to prove your current legal status of your H-1B transfer. In case of filing a transfer before your H-1B period starts (October 1^st), you do not need to have any pay stubs submitted to the USCIS.