1. How long does an H-1B transfer take to process?

The processing time for an H-1B transfer typically takes around 3 to 4 months. It can take even longer depending on how quickly USCIS processes the application.

2. What documents are required for an H-1B transfer?

For an H-1B transfer, the employer should submit a Form I-129 (Petition for Nonimmigrant Worker) to the United States Citizenship and Immigration Services (USCIS). Additionally, the employer must submit supporting documents such as proof of the foreign worker’s eligibility for the visa category, a Labor Condition Application (LCA) approved by the Department of Labor (DOL), proof of the foreign worker’s educational qualifications, and other documents.

3. What is the processing time for an H-1B transfer petition?

The processing time for an H-1B transfer petition depends on the processing time of the U.S. Citizenship and Immigration Services (USCIS) office that is handling the petition. Generally, H-1B transfer petitions are processed within 3-4 months. However, processing times can vary greatly depending on the individual case. USCIS also offers expedited processing for certain types of petitions, such as those involving physicians and research projects, which can reduce processing times to as little as two weeks.

4. How can I track the status of my H-1B transfer?

You can track the status of your H-1B transfer by logging into the USCIS website. With your USCIS online account, you can check the status of your application and any requests for evidence or updates from the agency. You can also call USCIS directly at 1-800-375-5283 for more detailed information on the status of your application.

5. Does an H-1B transfer require a Labor Condition Application (LCA)?

Yes, a Labor Condition Application (LCA) is required for an H-1B transfer. The LCA is used to demonstrate that the wages and working conditions of the position are equal to or better than similarly employed U.S. workers.

6. Do I need to submit evidence of my previous work experience for an H-1B transfer?

Yes, you must provide evidence of your previous work experience for an H-1B transfer, such as pay stubs, W-2s, and other documents indicating the type of work performed. You may also need to provide copies of contracts or other documents that verify the job duties you were assigned.

7. Is there an expedited processing option for an H-1B transfer?

No, unfortunately there is not an expedited processing option for an H-1B transfer. However, employers can pay an additional fee to the U.S. Citizenship and Immigration Services to move the processing of the transfer to the front of the queue. This is called “Premium Processing” and it guarantees a decision or request for evidence from USCIS within 15 calendar days.

8. How long will an H-1B transfer take if it is filed with premium processing?

An H-1B transfer filed with premium processing typically takes 15 calendar days or less.

9. What is the difference between a change of employer and a transfer on H-1B visa?

A change of employer involves terminating an existing H-1B visa and applying for a new one, while a transfer allows an individual to move their current H-1B visa to a new employer without having to terminate the existing one. A change of employer, however, requires the applicant to submit a new Labor Condition Application (LCA) and H-1B visa petition to the United States Citizenship and Immigration Services (USCIS). A transfer, however, does not require a new LCA or H-1B visa petition.

10. What is the impact of my current employer’s non-compliance on a transfer of my H-1B visa?

The impact of your current employer’s non-compliance on a transfer of your H-1B visa will depend on the particular circumstances. Generally, the USCIS may deny your transfer petition if your current employer is found to be in violation of the H-1B regulations, such as not paying your wages, not providing working conditions as specified on the Labor Condition Application, or failing to maintain accurate records of your employment. Additionally, if your current employer has filed a Labor Condition Application with incorrect information, that could also lead to a denial of your transfer petition. It is important to be aware of any potential non-compliance issues before filing a transfer petition.

11. Is it possible to extend my stay in the US while I am awaiting the outcome of my H-1B transfer application?

Yes, while you are awaiting the outcome of your H-1B transfer application, you may extend your stay in the US by filing the I-539 form. You will need to provide evidence that the H-1B transfer application is still pending and that you have enough funds to support yourself while in the US.

12. Is there a time limit for filing an H-1B transfer petition?

Yes, the filing of an H-1B transfer petition must be done within six months of the date the employee’s current H-1B status expires.

13. How long does it take for an H-1B Change of Status to be approved?

The processing time for an H-1B Change of Status can vary depending on the workload of the USCIS Service Center that is processing the petition. Typically, it can take anywhere from 2 to 6 months to get a final decision.

14. What is the USCIS processing time for a concurrent filing of an H-1B extension and transfer?

The processing time for a concurrent filing of an H-1B extension and transfer is typically 3-5 months. However, wait times may vary depending on a variety of factors, such as the agency’s workload and the completeness of the application.

15. What is the processing time for an amendment to a pending H-1B transfer?

The processing time for an amendment to a pending H-1B transfer will vary depending on the current workload of the United States Citizenship and Immigration Services (USCIS). Generally, it can take several months for the USCIS to review and process the amendment.

16. How long does it take to receive a receipt notice after filing an H-1B transfer petition?

It typically takes 1-2 weeks for the USCIS to issue a receipt notice for an H-1B transfer petition. However, processing times can vary based on the current workload of the USCIS and the particular facts of your case.

17. Can my spouse and children join me in the US while my H-1B transfer is being processed?

Yes, your spouse and children can join you in the US while your H-1B transfer is being processed. However, they will need to obtain their own visa to do so. Typically, your spouse and children would obtain H-4 visas if they wish to remain in the US for the duration of your stay.

18. Can I travel outside of the US while my H-1B transfer is being processed?

Yes, you may travel outside of the US while your H-1B transfer is being processed. However, you should avoid lengthy or frequent absences from the US while the transfer is pending. You should also have a valid visa stamp in your passport for the country to which you are traveling.

19. What happens if USCIS denies my H-1B transfer petition?

If USCIS denies your H-1B transfer petition, you may appeal the decision or file a motion to reopen or reconsider the case. You may also be able to file a new petition with additional evidence.

20. Is there an expedite process available for urgent or emergency requests related to my H-1B transfer application?

No, unfortunately, expedited processing is not available for H-1B transfer applications. In most cases, the application process takes 2-4 months to complete.