It can take up to 1 to 4 months for the H1B transfer application to be processed, but this time may vary depending on the specific circumstances of your case. During my career before joining the MBA, I have worked as Account Manager at In addition, the employer also has to file Form I-9 or the Employment Eligibility Verification form to USCIS. This situation arises, when someone left US after few years of working on H1B, for whatever reason, and plan to come back to US as they haven not used all 6 years. .usa-footer .container {max-width:1440px!important;} As long as the employer terminates employment immediately upon the H-1B petition denial, there is no liability to the employer. All you need is a confirmation of your H1b approval. Copyright 1999-2023 immihelp.com. The H1B visa holders new employer will have to submit an H1B visa transfer petition to the USCIS. LeaveMessageH1B Members 674 Posted March 7, 2022 What you are trying to do is violation of rules. The employee must not have violated any of his visa statuses or conducted any unlawful act in the U.S. If the worker transfers from a cap-exempt employer to a cap-subject employer, they will have to undergo the H1B lottery process. To avoid this, the employer should submit all financial and tax documents that are required and make sure that there is no reason why USCIS would believe that their financial situation is insufficient to hire foreign workers. No, an H1B transfer does not require sponsorship. You will have to wait at least four to eight weeks after submitting your application for the USCIS to process your petition. But if you choose this method of processing, it will only take 15 to 30 days to process your application. Soon youll have your loan offer. As part of this article, we will look at various scenarios, look at overall process, documents required, understand the cost, timelines, and common FAQs. $1500 for employers with 26 or more full time equivalent employee ). Lets now talk about Is I-797 required for H1B Transfer? For information about your privacy, please read our Privacy Policy and Terms of Use. You are eligible for H1B transfer, if you were counted in cap once and have not used up all 6 years of time. WebI am currently a full-time MBA student at Schulich School of Business and expect to graduate in May 2023. In some situations, you may even have H1B visa stamped in passport using old employer. [CDATA[/* >