Transfer Your H-1B by Calling Our California Immigration Attorneys

The H-1B visa is a non-immigrant visa that allows certain individuals from other countries with a “specialty occupation” to come and work in the United States. Our California immigration attorneys can attest that a significant benefit of the H-1B visa is the transferability or portability of the H-1B. While not technically a “transfer,” an H-1B visa holder who is lawfully in the United States can change jobs while in the country. This transferability opens up many doors, as H-1B visa holders no longer have to stay with one employer.

An H-1B visa holder may be eligible for a transfer if:

• The individual is lawfully in the United States under non-immigrant status.
• The individual has not engaged in unauthorized employment.
• The new employer has filed a new petition.
• The new job is the same or has a similar classification to the job in the initial H-1B approval and labor certification.

If you are looking to transfer to a new job in California or elsewhere throughout the United States, an immigration lawyer in California can help you gather the following documents that are required as part of the transfer process:

• Latest pay stubs for the past three months
• Current H-1B approval
• Copies of your passport
• Copies of the I-94 (arrival/departure record)
• Copies of your social security card
• Copy of your current and valid visa
• Copy of your resume
• Copy of your diploma and/or other relevant degree
• W2 forms and tax returns

Your new employer is required to file a Form I-129, which is a Petition for a Nonimmigrant Worker, with the United States Citizen and Immigration Service (USCIS) before you begin working in the new position. However, another noteworthy benefit of the H-1B transferability is that once the new employer has filed the Form I-129 and has received a receipt from the USCIS, you can start working at the new job. Essentially this means you do not have to wait months and months for a transfer approval.

There is no limit to the number of times you can transfer your H-1B visa and the transfer does not impact the H-1B visa cap. There is also no requirement for the H-1B visa holder to leave the country before starting the new position.

While this process sounds easy, there are many reasons why a transfer may not be approved. Whether you are a new employer or an employee, it is important that you contact a California immigration lawyer for assistance through the H-1B transfer process. Lack of appropriate information and documentation could result in a delay or denial. If the H-1B transfer is denied after the employee has started working in the new position, the H-1B visa holder will be left in a difficult position and may be forced to leave the country.

Call the Law Offices of Vaughan de Kirby at (415) 221-2345 for assistance with the visa application and transfer process. Our team of experienced California immigration law attorneys is here to speak with you. To learn more, you may also order a copy of our free guide Special Report H-1 Employment Visa, available on our website.