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| H1B Transfer. When can it be done? |
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Hi,
I have an H1-B with employer X, and was offered a position by employer Y. Based on a phone call I had with USCIS, I explained to employer Y that they need to file for an H1-B transfer, and then I can start working with them without having to wait until the transfer approval is received. However, HR of the employer Y seems to think that transferring H1-B requires a new I-129 application and going through the whole lengthy process that any employer petitioning for a non-immigrant worker will have to go through. In other words, their procedures will be exactly as lengthy and difficult as the case for employer X. My question is: is that true? What does transferring H1-B require? What forms do they need to provide, how time is it expected to take? And can I start working with them before the approval notice? Thank you so very much.
MSMS,
You will have to file a whole new H-1b package as you said, and go through the whole thing, same as the first time (providing all the same forms). It can take 1-6 months to get it approved, it all depends. You can start working "upon filing" so you do not have to wait until approval. This is assuming a lot here, and its hard to advise having limited knowledge of your case of course. In general, however, it is true. |
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