THE CONUNDRUM OF H1B VISA TRANSFER
By Yangkyoung Lee, Esq. of Lee Justice Center
H1B visa, also known as a temporary work visa, has been used by many foreign workers who want to work in America. If fact, for many foreign students who graduate from colleges and graduate schools in the United States of America, H1B may be the only option for them to be able to work in the US. Even though H1B visa may be used a lot, many aspects of it is confusing and even mysterious.
Today, I am going to focus on issues related to H1B transfer. In fact, this term is in correct as the visa is not actually transferred to the next employer. H1B transfer refers to a situation where a foreign worker who already got his/her H1B visa and now wants to change jobs.
BASIC FACTS ABOUT H1B
H1B TRANSFER
After you got your H1B, what happens if you want to change jobs and work for another employer?
First you will need to find a company to sponsor your H1b. Even though "H1B transfer" sounds like your old H1b gets transferred to the new company, that is not really the case. Basically, your new employer will be petitioning a whole new application. The only difference this time is that you will not be subject to the CAP any more. But this makes a huge difference. Unlike the first time, your new employer does not have to take extra risk, such as going through lottery and yearly CAP. As long as your new employer wants to sponsor your H1b with a real job offer (same H1b application requirements are applicable), your chance of getting your H1b is much better.
You can start working for the new employer any time after your new H1b application receipt date.
What happens if you get fired by your current employer, and cannot get a job within the grace period?
Despite your best efforts, if you can't find a job that will sponsor your visa within 60 days, then you will have to apply for another visa if possible. If you can't, then you will have to leave the country. If you overstay, and are out of status, then it will be very tough to explain that for your next H1b application as that is a violation of immigration law.
If your spouse has H1b, then your should apply for H4.
Can you change from H4 back to H1b?
Yes, of course. As soon as you find your employer to sponsor your H1b, then you will be able to change your status from H4 to H1b.
*If you are thinking about changing jobs or quitting jobs or have lost your job, please contact our office immediately so that we can discuss your options and avoid any negative consequences.
Today, I am going to focus on issues related to H1B transfer. In fact, this term is in correct as the visa is not actually transferred to the next employer. H1B transfer refers to a situation where a foreign worker who already got his/her H1B visa and now wants to change jobs.
BASIC FACTS ABOUT H1B
- temporary
- renewable up to 6 or 7 years
- only limited number of visas available every year: 65,000(regular); 25,000 (advanced degree)
- lottery (you will have to go through the lottery system even to be eligible to apply for H1B)
- application opens up on April 1 every year, which closes up usually within the first week due to overwhelmingly large number of applications (around 200,000)
H1B TRANSFER
After you got your H1B, what happens if you want to change jobs and work for another employer?
First you will need to find a company to sponsor your H1b. Even though "H1B transfer" sounds like your old H1b gets transferred to the new company, that is not really the case. Basically, your new employer will be petitioning a whole new application. The only difference this time is that you will not be subject to the CAP any more. But this makes a huge difference. Unlike the first time, your new employer does not have to take extra risk, such as going through lottery and yearly CAP. As long as your new employer wants to sponsor your H1b with a real job offer (same H1b application requirements are applicable), your chance of getting your H1b is much better.
- Not subject to the H1B annual cap
- can apply any time of the year unlike the original H1b
You can start working for the new employer any time after your new H1b application receipt date.
What happens if you get fired by your current employer, and cannot get a job within the grace period?
Despite your best efforts, if you can't find a job that will sponsor your visa within 60 days, then you will have to apply for another visa if possible. If you can't, then you will have to leave the country. If you overstay, and are out of status, then it will be very tough to explain that for your next H1b application as that is a violation of immigration law.
If your spouse has H1b, then your should apply for H4.
Can you change from H4 back to H1b?
Yes, of course. As soon as you find your employer to sponsor your H1b, then you will be able to change your status from H4 to H1b.
*If you are thinking about changing jobs or quitting jobs or have lost your job, please contact our office immediately so that we can discuss your options and avoid any negative consequences.
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