Step by Step Guide to Transfer H1B Visa to a New Employer

Current H1B visa holders can transfer their visa and start working for a new employer immediately after an H1B visa transfer petition is ‘submitted’ to the USCIS by the sponsor company / new employer.

H1B visa transfers are unlimited and are not calculated towards the regular H1B visa quota (cap).

* It means that H1B visa transfers can be petitioned at any time of the year.

In order to transfer your H1B visa to new employer, your employer has to follow below mentioned steps:

Step 1: The first step of the H1B application process is for the U.S. employer to file the H1B petition on behalf of the foreign worker. Be sure the employment letter includes the position’s exact duties, dates of employment, detailed description, salary offered, position requirements, contact information, etc.

Step 2: The prevailing and actual wages should be confirmed by the State Employment Security Agency. If the prevailing wage exceeds the offer made by the prospective employer then a wage determination will be sought. It’s important to ensure that the foreign worker will not be working below the min. prevailing wage in the specific location. The Foreign Labor Certification Data Center maintains the prevailing wage determinations by location.

Step 3: The third step of the H1B application process is to file the Labor Condition Application (ETA-9035).

Step 4: The next step is to prepare the petition and file it at the proper USCIS office.

Step 5: Processing times for H1B application petitions are subject to vary from location to location. If you would like your petition expedited you may elect for premium processing. There is an additional charge for this service and it does not necessarily guarantee an approval. USCIS officially announced that they would begin premium processing for cap subject petitions no later than May 11, 2015.

Step 6: The final step of the H1B application process is to check H1B visa status by entering your receipt number here. Once USCIS has your application on file, they will update your status on their system.

How MindsMapped can assist with H1B Visa Transfer?

MindsMapped has evolved as one of the leading IT staffing and consulting services companies in the United States of America. Over the past few years, MIndsMapped has helped foreign nationals with H1B visa transfer and sponsorship. Moreover, MindsMapped has been assisting US companies to hire the best and most innovative global talent. MindsMapped has been processing visa transfer for foreign nationals who are currently in the US on H1B visa or any other visa (such as L1,L2, H4, and EAD) or who wish to come to the USA.

Information / Documents required from Employer for H1B Visa Transfer:

• Title of the job
• Job description in detail
• Salary offered to employee in the US
• The employer’s minimum education qualification requirements for the job
• Name and job title of the person who will sign different forms on behalf of the employer company
• Name and address of employer company
• Informational brochures/promotional literature about the employer company. If the company is just starting up – provide financial information about the company such as – bank statements, articles of incorporation, most recent income tax return, financial statements, business plan, or any other document that will verify that the company is profitable and can pay the wage to the foreign applicant.
• Company Federal Tax I.D. Number – the year it was established, exact number of employees and exact gross and net annual income
• Telephone and fax number for employer
• Completed US Immigration Bureaus visa filing forms and petition filing fees