An H-1B visa transfer allows a current H-1B visa holder to switch employers without needing to go through the lottery again. Here’s an overview of the process:

Key Points of H-1B Transfer:

• The new employer must file a new H-1B petition (Form I-129) with USCIS.

• The transfer is not subject to the H-1B cap since the person already holds an H-1B.

• The employee can start working for the new employer as soon as USCIS receives the petition (under the portability rule).

• There is no limit to the number of times an H-1B can be transferred.

H-1B Transfer Process:

1. Job Offer: Secure a new job offer from an employer willing to sponsor the H-1B transfer.

2. LCA (Labor Condition Application): The new employer files an LCA with the Department of Labor.

3. H-1B Petition Filing: The employer submits Form I-129 with supporting documents to USCIS.

4. Receipt Notice (Optional Work Start): The employee may begin working for the new employer upon USCIS receipt (if already in the U.S.).

5. Approval Notice: If approved, the employee continues working under the new employer.

Processing Time:

• Regular Processing: 4–8 weeks (can take longer depending on USCIS workload).

• Premium Processing: 15 calendar days (costs $2,805 as of 2024).

Required Documents:

• Copy of passport and visa.

• Most recent I-797 Approval Notice.

• Current I-94 record.

• Copy of pay stubs (to show current employment).

• Most recent H-1B petition from the current employer.

• Employment offer letter from the new employer.

• Educational documents (degree, transcripts).

Would you like more details on any specific part?