H1B Transfer Processing Times in 2023
The various rules surrounding H1B visa transfers are confusing. Adding to that confusion is the fact that receiving a final application decision can take weeks, if not months. Continue reading to learn more about the process and how long you can expect to wait for a resolution after applying.
What is an H1B visa transfer?
H1B visa holders can change their employer while living in the US through a process called an H1B transfer. In this case, the new employer must file a Labor Condition Application (LCA) with the Department of Labor (DOL) and an H-1B petition with the United States Citizenship and Immigration Services (USCIS). The H1B transfer process can take several weeks to months to complete, so starting the process as soon as possible is important to avoid any gaps in employment authorization.
H1B visa transfer timeline
On average, the standard H1B transfer process takes around 4 to 16 weeks after successfully submitting the USCIS application. This is just an estimate, as various factors, including any immigration staff shortages or higher-than-average application numbers, can delay your transfer.
With so many outside factors influencing the decision timeline, controlling what you can is essential. That means ensuring your application is 100% complete and not missing any necessary paperwork before submission. We recommend reviewing all of the H1B transfer dos and dont’s before applying.
H1B visa transfer premium processing
H1B visa holders can pay an additional fee to expedite the processing time from 4 to 16 weeks down to just about 15 days. Unfortunately, premium processing isn’t cheap and costs applicants $2,500. It’s important to note that expediting an H1B transfer does not guarantee a successful application.
H1B visa transfer Frequently Asked Questions
Do you need to notify your current employer before applying for an H1B visa transfer for a new employer?
No, you are not required to notify your current employer about an H1B transfer application. The process is completed with the help of your new employer, and no information from your current place of work is necessary.
What happens if an H1B transfer application is rejected?
Unfortunately, if your H1B transfer petition is denied, you can no longer work for your new employer. In this case, you will need to reassess your work opportunities. If it’s still an option, returning to your previous place of employment means you can keep your H1B visa active. We recommend speaking with an immigration lawyer to determine the best plan of action based on your individual situation.
2. Can you start working for a new employer before the H1B transfer is approved?
The short answer is yes. You can begin working for your new employer as soon as the USCIS provides a receipt acknowledging that they have received your transfer petition. However, there is some risk involved. If your application is denied, you must cease work for your new employer and find a new H1 B-eligible job before the 60-day grace period ends.
3. Are transfers subject to the H1B cap?
No, there is no known cap on H1B visa transfers, and the general H1B cap does not apply. In this case, the USCIS has already counted you against the cap.
Conclusion
The H1B visa transfer process is stressful, and it can often take months for an applicant to receive a final decision. Do you need a quick decision? Your best bet is to pay the premium processing fee and expedite the process.
Do you still have questions? Visit the Upwardli resource center for more information about immigration and the inner workings of the United States financial system.
