How to Convince a New Employer to Support Your H-1B Transfer

Overview

Convincing a new employer to support your H-1B transfer requires a strategic approach that emphasizes your value to the company and clarifies the H-1B transfer process. Here’s a guide to help you navigate this conversation effectively:

1. Understand the H-1B Transfer Process

Before approaching a potential employer, familiarize yourself with the key aspects of the H-1B transfer:

• Eligibility: If your current H-1B was obtained through the cap-subject lottery, you generally do not need to go through the lottery again when changing employers. However, if you’re moving from a cap-exempt employer (e.g., a nonprofit or research institution) to a cap-subject employer, you may need to enter the lottery.
• Required Documentation:
  • Labor Condition Application (LCA): Filed by the new employer to attest to the prevailing wage and working conditions.
  • Form I-129: The official petition for the H-1B transfer.
  • Supporting Documents: Including your educational credentials, professional qualifications, passport, current H-1B approval notice (Form I-797A), and recent pay stubs.
• Processing Times and Fees:
  • Standard Processing: Typically takes 2-3 months.
  • Premium Processing: An optional service costing $2,500, guaranteeing a decision within 15 calendar days.
  • Additional Fees: The base application fee ($460), the anti-fraud fee ($500), and the ACWIA fee (ranging from $750 to $1,500, depending on company size).

2. Communicate Your Value Proposition

When discussing the H-1B transfer with a prospective employer:

• Highlight Your Skills and Experience: Demonstrate how your expertise aligns with the company’s needs and how you can contribute to their success.
• Please provide Evidence of Past Achievements: Share specific examples of your accomplishments and their impact on previous employers.
• Clarify the Transfer Process: Educate the employer about the H-1B transfer, emphasizing that it doesn’t require going through the lottery again and outlining the straightforward steps.

3. Address Employer Concerns

• Cost Implications: Acknowledge the fees associated with the H-1B transfer and discuss potential options, such as sharing costs or highlighting the long-term benefits of hiring a skilled employee.
• Legal and Administrative Processes: Reassure the employer that, with proper legal assistance, the process is manageable and that you are prepared to facilitate the necessary steps.

4. Prepare for Potential Risks

• Application Denial: While rare, be prepared for the possibility of denial due to concerns about qualifications or employer legitimacy. To minimize risks, ensure that the prospective employer is financially stable and compliant with H-1B regulations.
• Timing Considerations: If you’re transitioning between jobs without immediate employment, be mindful of the 60-day grace period. Ensure the new employer files the H-1B transfer petition within this timeframe to maintain lawful status.

People Also Ask (PAA)

1. What is an H-1B transfer?
   • An H-1B transfer allows a nonimmigrant worker to change employers without affecting their H-1B status. The new employer must file a petition on behalf of the employee.
2. Does an H-1B transfer require a new lottery?
   • No, if you have previously been counted under the H-1B cap, you generally do not need to go through the lottery again for a transfer.
3. How long does the H-1B transfer process take?
   • Standard processing can take 2-3 months, while premium processing guarantees a decision within 15 calendar days.
4. Can I start working with the new employer upon filing the H-1B transfer?
   • Yes, under the H-1B portability provisions, you can begin working for the new employer as soon as they have properly filed the H-1B petition with USCIS.
   • uscis.gov
5. What happens if my H-1B transfer is denied?
   • If the transfer is denied, you must immediately cease employment with the new employer. Maintaining valid status throughout the process is essential.
6. Who pays for the H-1B transfer fees?
   • Employers are generally responsible for the associated fees, but some may negotiate cost-sharing arrangements with the employee.
7. Can I transfer my H-1B to multiple employers simultaneously?
   • Yes, multiple H-1B petitions can be filed concurrently, allowing you to work for various employers.
8. Is there a limit to the number of H-1B transfers?
   • No, there is no statutory limit on how many times you can transfer your H-1B status to a new employer.
9. Do I need to inform my current employer about the H-1B transfer?
   • While not legally required, it’s professional courtesy to inform your current employer, especially if you plan to resign upon the transfer’s approval.
10. Can I travel internationally during the H-1B transfer process?
    • International travel is possible, but it can complicate the transfer process. It’s advisable to consult with an immigration attorney before making travel plans during this period.

By thoroughly understanding the H-1B transfer process and effectively communicating your value, you can successfully persuade a new employer to support your H-1B transfer.