If you are in the process of obtaining an H-1B visa, you already know that it is a non-immigrant visa option for foreign workers with specific knowledge, education, or expertise that will allow you to be employed by a U.S.-based organization.
Because of this, you are not able to petition on your own behalf. Instead, your employer will file the required application with the USCIS. If the employer who initially sent the application is either unwilling or unable to complete the process or you find a better opportunity with a different U.S. H1B Visa Transfer Before Stampingemployer before you enter the U.S., an H-1B visa transfer before stamping may be necessary. For H1B Visa Process Visit UT Evaluators
Making it through the lottery and getting an H-1B visa petition approved is no small task, so it is understandable to be cautious when making changes. That’s why deciding whether you should transfer your employment before entering the U.S. or waiting until you have arrived to change is an issue to discuss with an immigration attorney.
Here are the facts surrounding both scenarios:
H-1B Visa Transfer Before Stamping
If you are still outside the U.S. and have received approval for your petition but have yet to get it stamped on your passport, there are some things to consider associated with getting an H-1B visa transfer before entering the U.S.
The first is that filing for a transfer is essentially filing a new H-1B petition, before or after stamping. This petition, however, does not require re-entry into the H-1B lottery. Even though your new employer is filing a new petition, you have already been counted in that year’s visa cap. This means that you do not have to compete again with thousands of other applicants to secure your approval.
The primary concern is if the employer who initially submitted the approved petition were to learn of a petition of transfer being filed on your behalf, he or she would be able to withdraw their approved petition. This would re-enter you into the lottery and void the second company’s petition, meaning that you would find yourself competing in the lottery to have your petition approved again.
Fortunately, the amount of information that your initial employer receives is up to you. The USCIS does not inform anyone of the petitions it gets and so will protect your privacy. If you are worried about the possibility of petition withdrawal, consider asking your immigration attorney about premium processing.
H-1B Visa Transfer After Stamping
Waiting until you have entered the U.S. is safer than getting an H-1B transfer before stamping since your employer’s petition cannot be withdrawn after the visa has been stamped. Then you can simply have the new employer file a second lottery-free petition on your behalf. For more info on H1B Visa check Bpas
Because a gap in employment could mean weeks or even months of lost wages, you may have to work with your initial employer while the transfer petition is being processed. Once your new employer has received an I-797 Notice of Action Receipt form, you are free to transfer your employment.