Is premium process there for EAD
H-1B Visa Transfer
Individuals with H-1B Visa status, or earlier status, have the ability to transfer to another employer. The visa holder does not need to obtain permission from the former employer for the H-1B visa transfer, although the individual must comply with anti-competitive laws or other contractual arrangements that the individual may have entered into with the employer.,
In order for the H-1B holder to change employers, the new employer must file an H-1B Visa Transfer petition with USCIS. The H-1B visa holder cannot file on their own behalf. It is important that the individual has not committed any illegal activity or violated their status in the United States. Otherwise, the petition will most likely be rejected.,
Time to work with the new employer
The AC21 enables H-1B individuals to begin work once the new employer has filed the H-1B petition with USCIS and received an I-797C Certificate of Action.
However, it is recommended that the H-1B holder only start work once they have received approval from USCIS to transfer H-1B visas.
Employers are advised to adhere to I-9 procedures and duplicate the I-94 of the H-1B visa holder and the USCIS receipt of the petition.,
The H-1B person must stop working with the new employer if the H-1B Visa Transfer petition is denied. The person can then be viewed as "out of status". "
To avoid being marked as “out of status”, it is again strongly recommended that you wait for approval to be obtained before transferring.
H-1B Visa Transfer Qualifications:
- The individual must take up employment on the date specified on the H-1B transfer petition filed with USCIS. The person must be under H-1B status.,
- The individual has the option to work on the day the employer receives the receipt from USCIS.
- If the person has incurred a gap in employment (ceased employment with H-1B employer prior to the transfer), it is recommended to file premium processing
- The individual is required to provide pay stubs as evidence of employment, however it is possible to submit other documents, i.e. a letter from H-1B employer or a vacation absence letter.,
In some cases it can be difficult to determine if you are meeting the qualifications. If so, it is best to contact our H-1B transfer attorney so we can explain the qualifications in detail.
H-1B Visa Transfer Documents:
As with all immigration policies, there are many documents that must be fully acquired and completed in order to begin the bureaucratic process of transferring your H-1B status to a new job. Transfer documents are required from both you and the H-1B owner and your employer sponsor.,
H-1B visa holder:
- U.S. visa, I-797, and I-94
- Paystubs, letter from employer, or leave of absence letter
- University Degree
- University protocol
- Academic evaluation
- Letters of recommendation
- Position letter with job title and salary., It must be signed by the employer and H-1B visa holder.
- A detailed description of the responsibilities and duties of the position.
- Marketing material from the company
- Annual accounts, annual reports or business plans
H-1B Visa Transfer Cost
Throughout the H-1B transfer process, you will find that each attorney has their own H-1B Visa transfer fees or costs. Our H-1B Visa transfer attorney fee is determined after our initial consultation with clients, as each case varies significantly , we must first identify the course of action to be taken and consider possible complications or roadblocks. If you opt for the regular H-1B cap, our legal fees for
If you opt for the regular H-1B cap, our H1B Visa attorney fee is $ 1,750. In addition, there are several H-1B fees that USCIS imposes on employers:
- Base fee for the I-129: $ 460
- Fraud Prevention and Detection Fee: $ 500. This fee does not apply to H-1B extensions.,
- ACWIA Training Fee: $ 750 (if your employer has fewer than 25 employees) and $ 1,500 (for 25 or more employees)
- Public Law 114-113 Fee: $ 4,000 (only if your employer has more than 50 employees with more than half of the employees on H-1B or L-1 status)
- The optional Premium Handling Fee of $ 1,225 (although this has been temporarily suspended)
On our Fees page, we've listed costs for H-4 visas, H-1B1 visas for Singapore / Chilean citizens, and more.,
Aside from the financial cost of an H-1B transfer, it's important to select an attorney who, above all, has your best interests. At SGM Law Group, we recognize that your immigration to the US is serious business not only for yourself but for your entire family as well. Read below to learn how our H-1B Visa Transfer attorneys can help.
Transfer from a cap exempt to a cap subject employer
Many people believe that they can undermine the lottery by entering the US via a cap-exempt employer and then switching to a cap-subject employer. However, since your employer uses a new I-129 for all H-1B transfers If your new employer does not qualify as a cap exempt, your petition will be submitted under the CAP.
Always work with your immigration attorney throughout the H-1B transfer process to ensure you are making the best decisions for your case.
Documents for spouses and minors (H-4)
Spouses and unmarried children under the age of 21 may be admitted to the US under the H-4 visa category., This process allows qualified members to be admitted for the same length of time as the primary visa holder. There are many benefits to the H-4 visa including studying in the US, no requirement to hold a foreign residency, the ability to travel in an out of country while you are still in status, and now the Ability,
There are many benefits to the H-4 visa including studying in the US, no requirement to hold a foreign residency, the ability to travel in one out of the country while you are still in status, and now the Ability to obtain work permit document (EAD).
However, to qualify for an EAD card, Principle H-1B holders must have an approved I-140 with USCIS. If this I-140 is revoked or the employers of the H-1B holder transfer, the H-4 EAD holder cannot renew their work permit until an I-140 has been approved.,
H-1B Visa Transfer Premium processing
H-1B holders can speed up the transfer process with premium processing. Premium Processing can make a USCIS decision within 15 calendar days for a fee of $ 1,225.
It is important to note, however, that premium processing does not guarantee that your referral petition will be accepted. It only speeds up the turnaround time for your petition, nothing more. If you switch from a cap exempt to a cap subject employer, you must be accepted into the H-1B lottery., In this case, premium processing does not guarantee you a place in the annual cap or otherwise exempt you from it the lottery.
You should also note that Premium Processing does not change your employment start date. You can start working for your new employer on October 1st of the year the petition was submitted.
Important Update (3/3/2017): USCIS recently announced that it will not be offering the Premium Processing Service for all H-1B Visa petitions for up to six months., This not only includes new H-1B Visa petitions. Petitions, but also petitions for H-1B extensions, H-1B changes, and H-1B transfers.
Since this suspension will go into effect on April 3, 2017, the day USCIS will begin accepting petitions, it will apply to all petitions filed for the 2018 season. Fortunately, USCIS offers a refund to petitioners if the following requirements are met:
- The Premium Processing Form I-907 was submitted before April 3, 2017.,
- USCIS was unable to process the petition within 15 calendar days
The reason for this temporary suspension is to allow USCIS to process some petitions that have been pushed aside due to the increasing number of premium processing petitions submitted.
Extension of the H-1B visa
Would you like to extend or extend your H-1B visa? As a general rule of thumb, a United States visa will usually be re-validated if you have the same classification on your passport as the visa you are about to renew (or re-validate), suppose you are trying to get an H-1B visa however, are currently in a different category. That's the kind of situation that would be best suited for a transfer.
If you qualify to file an H-1B extension instead of a broadcast, you must follow a very specific protocol. Upon entering the country, the Port of Entry Officer will issue an I-94 in your passport. You will then write the validity period in the country on your I-94, which is basically the date you can legally stay in the US until., At this point you should apply for an extension as soon as possible before the Duration of the status expires.
H-1B Transfer Processing Time
Although this can vary from case to case, an H-1B transfer typically takes 4-8 weeks to process after the application is submitted to USCIS. Other factors that will affect the length of the H-1B transfer process include the location of employment and the USCIS processing center that is responsible for the application.,
The final rule of the Federal Register
The Department of Homeland Security's Federal Register implemented a new rule that was released on the 17th. This rule introduced several changes to many aspects of the H-1B visa, including the transfer of the H-1B visa.
There is a section in the new rule that mentions an H-1B holder's ability to change employers in the same occupation., According to the new regulations, the I-485 Supplement J is now the form that is required to prove that your status has been maintained and that you are eligible for an H-1B Visa Transfer to a New Employer.
Together with Appendix J, you can now submit a broader range of evidence using the “material and credible evidence” rule set. In the past, only evidence submitted by an approved federal agency was considered for your H-1B transfer. Now you are ready to provide evidence from outside sources, be sure to speak to your immigration attorney to find out what counts as approved evidence.
Transferring H-1B jobs to your own company
While there is no way to petition yourself, there is a loophole that allows business owners to use their company to support their H-1B. In order to transfer your H-1B status to your own business, you must have a system in place that does not include you as a sponsor. There must be a legitimate employer-employee relationship, so how do you do that as the owner?
The most common practice (although this entire situation is unusual) is to have a CEO or board of directors with the power to control your salary, dictate your duties, and even fire you. This entity has to sponsor you as you cannot sponsor yourself. Proving that there is an employer-employee relationship in this situation can be difficult, so if you are planning to transfer your H-1B job to your own company, the best way to do it is with the help of an experienced lawyer.,
H-1B Transfer FAQs
Our H-1B transfer attorneys are often asked about the process and credentials required to complete a transfer. The following are the most common questions:
Q. Will the regular H-1B cap affect my H-1B transmission process?
The regular H-1B cap is a completely separate process. The great thing is that offering them regularly doesn't affect your chances of getting approval. Since you have already been counted against the cap, your H-1B referral petition will not be entered into the lottery.
Q., before applying for an H-1B transfer with a new employer, do I need to inform my current employer?
You are not required to tell your current employer about an H-1B transfer. It is up to you what information you want to share with colleagues and employers.
Q. Can I request a maximum of one transfer?
There are no restrictions on how often you can request a transfer. Portability is one of the many advantages of an H-1B visa over other work visas like the L-1 visa.
Q. Can I apply for an H1B transfer from more than one employer at the same time?
Yes, nothing prevents you from applying for multiple employers. Since the H-1B visa allows you to work part-time, you can also work for several employers at the same time.
Q. Can I start working for my employer if I only have an H-1B transfer receipt and the petition has not yet been approved?
yes., as long as certain requirements are met, you can start working on your new H-1B job prior to receiving approval, as long as you have received a receipt USCIS received your petition. The requirements to be met are as follows:
- They must never have been used outside of your authorization
- You must already have valid H-1B status, which means your H-1B status must not have expired.
- They were lawful, approved for the USA,
If you can check all of these boxes, your H-1B transfer petition will likely be approved and you can start working for your new employer. Remember, you don't necessarily need to get an official receipt from USCIS — a receipt from your postman will work.
However, if USCIS denies your transfer petition, you must immediately stop working and make plans to leave the United States or find a new H-1B job before your 60 day grace period expires official approval notice take into account the risk associated with the work for the new employer.
Being in H-1B status and having an H-1B visa stamp are actually different things. Visa stamp is used to enter the United States while H-1B status is required to work for your employer.
Let's say you've received approval for your new H-1B employer. this means you can only work legally for that employer. However, if you are traveling outside the country and your H-1B stamp is still valid, you can use it in conjunction with your new petition to travel back into the country.
What if your H-1B visa stamp has expired? Then you will need to have your passport re-stamped before returning to the U.S. An H-1B transfer attorney will be better able to guide you with this type of situation.
Q. Is there an abbreviated H-1B Visa transfer process or faster way to file?
We often get this question because so many people assume that an H-1B Visa transfer is a quick and easy thing to do. Unfortunately, it's not that easy. All submissions must be complete and fully demonstrate an applicant's eligibility in this category.
If you fail to meet the required compliance requirements or if information is missing in the documents, you run the risk of being rejected. For this reason, it is highly recommended that you seek help from an experienced H-1B transfer attorney.
Q. What if you apply for an H-1b transfer with another employer and it has been approved, but you later decide to continue working with my current employer?
You can stay with you current employer-even if your H-1B transfer has been approved.
The last two or three pay stubs should suffice, although you should consult your immigration attorney to be sure.
An H-1B transmission is essentially a new application that is not cap subject.If you are able to provide proof of prior authorization (e.g., receipt number, copy of I-797) then the new employer can transfer the H-1B even if you still enter the country.
Q. What should I do if I received notice of approval for my transfer but don't have a new I-94?
You may not have been issued a new I-94 if your current one has not expired and is still valid.
Q. Are H-1B transfers subject to the CAP?
No, they are not subject to the H-1B cap. You have already been counted against the upper limit, so you can have an H-1B transfer petition filed at any time without fear of not being selected.,
How an H-1B Transfer Lawyer Can Help
Understanding the ins and outs of immigration law is essential to streamlining your H-1B transfer process. To avoid common pitfalls and save time and money, it is always best to have an H-1B attorney on your case. That way, all you have to worry about is what you will be wearing on your first day at your new job.
Our H-1B Visa attorneys are experienced in completing additional paperwork and petitions required for H-1B Visa transfers., We are able to advise clients on appointments and the best times to work with the new employer.
Each of our South Florida H-1B attorneys is trained to handle complex situations that may arise during the H-1B visa transfer process. Contact an H-1B transfer attorney today to schedule your comprehensive consultation.,
Related H-1B Transfer Attorney Pages
- H-1B Cap Exempt Jobs
- H-1B Visa
- H-1B Visa Requirements
- H-1B Visa Documents
- H-1B Annual Cap
- H-1B Visa Stamping
- H-1B Visa Transfer
- H-1B Visa Extension
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