Once your H-1B visa is approved, you receive a green signal from the USA government to work in the country for a 3-6 years. You can use this visa to get a job and live a settled life. However, once the H1B visa is approved, the next immediate question that is asked by the visa holders is, ‘can I transfer my Visa to another company’?
To all those H1B visa holders or every other person seeking a job opportunity in the USA, here is a brief information to help your H1B visa transfer smooth!
To start with, we want you to be relieved and know that individuals with an H-1B visa or previous status are allowed to transfer it to a different employer.
First of all, let us know what H1B Visa Transfer actually is?
Legally, there is nothing called H1B Transfer. It is a layman term. Basically, H1B transfer is applying for a new H1B visa, which is excepted from the quota cap. The cap is not applicable to the transfer applicant he/she is already counted in the quota once (When H1B was approved). H1B visa holders go for the transfer under multiple scenarios. Here are a few :
- H1B Transfer applicant never arrived in the US but wants to change employers.
- H1B holder applying for the transfer within 15 days of landing in the USA.
- H1B visa holder had worked in the US for some time, went to the home country and applied for a transfer (from the home country).
Though it looks simple, H1B visa transfer is not a quick and easy process. Usually, the process takes 4-8 weeks to receive the USCIS final decision. The approval of the transfer application will depend on many things like eligibility, proper documentation, etc.
Eligibility factors for H1B transfer :
- The applicant must be under H-1B status.
- The applicant must start working on the date mentioned on the H-1B transfer application. The applicant can start working the day the employer receives USCIS’s receipt of the application.
- The applicant has to submit pay stubs as evidence of employment/a letter from H-1B employer/leave of absence letter, etc.
In some cases, it is difficult to understand if the qualification criteria are met or not. In such cases, you can reach Averon’s H-1B transfer consultants for help. Millions of applications are sent each fiscal year for H1B visa, a few people get the approval and enter the country of their dream with the hope of leading a successful life.
However, most of these people are not aware of the tricky laws and regulations related to their visa and stay in the USA. The stress of finding a new job and settling in the city leave these people with no time left to understand the legal structure, factors affecting their visa status, and what all can be done with the visa.