One among the non immigrant visas is the H1B visa which is used by the foreign nationals for the purpose of work particularly in specialty occupations. In case of dismissal by the employer, the foreign national who is in H1B status can apply for change of status to another non-immigrant or look for another employer or leave the country.
Employment in the specialty occupation refers to the practical application of the body in the field of engineering, architecture, physical sciences, mathematics, social sciences, medicine, biotechnology and health, education, accounting, law, theology, business specialties and the arts and the applicant should possess at least a bachelor’s degree. To qualify for the H1B visa, foreign nationals need a sponsor who is an US employer. The employer files a petition with the USCIS to sponsor the employee. On approval of the petition, the US Embassy stamps the H1B visa and after the visa approval the foreign national is allowed to stay in the US for three years and extension are granted, if required.
A foreign national who is on H1B employment visa can change or transfer to another H1B job. This H1B transfer is not a visa, but it is just the transfer of the existing visa or in other words changing of the existing job. To change the H1B visa, the new employer should again file a petition with the USCIS for the employee regarding his/her employment.
H1B visa transfer can be filed by H1B visa holders who are in lawful status at the time of filing the petition and has not been in any employment which is unauthorized after lawful admission. Prior to the approval of the H1B transfer, the H1B visa holder can start working for the new employer. H1B transfer can be applied more than once and not only this, at the same time you can apply for H1B transfer for more than one company. To transfer H1B visa the Form I 129, Petition for Non Immigrant Worker should be filed by the new employer. The job seeker does not have to wait for the approval of the petition.
H1B visa transfer is the same as H1B visa process. Initially the candidate should find a job within the US. The sponsor who is the employer has to file H1B transfer visa with the immigration bureau , the request for H1B transfer has to be approved and then he/she can work for the new employer.
Documents required for H1B transfer:
There are few documents required when an individual files for H1B transfer,
copy of the existing H1B visa approval
copy of the the valid visa
copy of the valid passport
copy of the social security card
copy of the degree/diploma certificate
copy of the Arrival/Departure record or form I-94
the latest payslips of the earlier company.
In case of non approval of the H1B transfer,the original H1B visa will be lost. Hence before entering into a new job, it is always better to complete the visa transfer. In case of the H1B visa renewal or extension is filed, then H1B transfer is not permitted.