Can H-1B Visa Holders Switch Jobs? Legal Status, Transfer Rules And Other Key Things Explained

(MENAFN- Live Mint) US President Donald Trump’s intensified crackdown on immigration, hike in H-1B visa fees had already left a lot of foreign professionals on the edge. Adding to the growing uncertainty, the US Embassy in India recently issued a warning as thousands of Indians remain stranded in the country due to ongoing delays in H-1B and H-4 visa appointments.

For thousands of foreign professionals in US, the H-1B vis is not just tied to a job, but also to their respective employers, raising a common question: Can a H-1B visa holder switch jobs? The short answer is yes, but under some clearly defined rules.

Livemint explains how the entire process works, what you need to do if switching jobs, while on a H-1B visa.

Can I switch jobs while on H-1B visa?

Yes, one can switch jobs while on a H-1B visa and avoid losing the legal status in the US by following the H-1B visa transfer. An H-1B transfer allows an individual holding the visa to change employers without needing to go through the entire H-1B application process again.

What happens when you’re switching? Step-by-step guide here

• Once a job offer is secured, the H-1B visa holder’s new employer is required to file a new H‐1B petition (Form I‐129) and associated Labor Condition Application (LCA). The LCA is a crucial part – which if not filed within the required timeframe, can lead to delays in the job change process or even a denial of the H-1B transfer.

• Following approval of the LCA, the new employer submits an I-129 petition to USCIS.

• Once USCIS issues a receipt, a H-1B visa holder can begin working for the new employer.

What documents are required for transfer?

The following documents are required for a H-1B visa transfer:

US visa, I-797, and I-94

Employee’s resume

Pay slips, a letter from employer

University degree and transcript, along with academic evaluations

Along with the enlisted documents, the new employer is also required to submit: A letter of position stating the H-1B visa holder’s job title and salary, signed by both employee and employer; a proper job description and the company’s financial statements, annual reports, or business plans

Who pays H-1B transfer cost?

Similar to the initial H-1B visa filing, the visa holder’s employer is required to pay all the mandatory fees in connection with the H-1B visa transfer.

H-1B transfer takes how much time?

As per multiple immigration sites, a H-1B transfer typically takes 4 to 8 weeks once the application has been submitted. The exact processing time, however, varies from one case to another.

Do I need to wait for H-1B petition approval?

No, you can begin working at your new company before your H-1B visa petition gets approved.

The USCIS states that eligible H-1B nonimmigrants may begin working for a new employer as soon as the employer properly files a new H-1B petition (Form I-129) requesting to amend or extend H-1B status with the department, without waiting for the petition to be approved.

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