Understanding the Differences Between an H-1B Visa Transfer and a New H-1B Application  

While both H-1B visa transfers and new H-1B applications allow skilled professionals to work in specialized industries in the U.S., the processes behind each are distinct. Understanding these differences can save time, reduce stress, and help you make informed decisions for your career and future. Sverdloff Law Group, a leading Chicago immigration law firm, is here to guide you through the H-1B visa process and be your advocate.

Key Highlights of Each Process

H-1B New Application

A new H-1B visa application is generally required for individuals who have never held H-1B status before. Here are the essential details of this process:

• Eligibility and Cap:

To qualify, the job must be in a “specialty occupation” requiring a bachelor’s degree or its equivalent. However, unlike transfers, new H-1B visas are subject to an annual cap of 65,000 visas, with an additional 20,000 allocated to professionals holding advanced U.S. degrees. This lottery system adds an element of uncertainty.  

• Timing:

Applications for new H-1B visas can be submitted only within a specific window, typically, in March for the upcoming fiscal year beginning October 1. Plan accordingly to meet these deadlines.  

• Start Date:

A new H-1B visa holder cannot begin working until their petition is approved and the start date on their visa has arrived. This wait can lead to delays, especially with standard processing times.

H-1B Visa Transfer

An H-1B visa transfer allows individuals already on valid H-1B status to switch employers without the complexities of the lottery system. Key points include:

• No Cap or Lottery:

Transfers are not counted against the annual H-1B cap, ensuring a smoother and quicker process. This provision offers significant freedom for career advancement.  

• Portability:

Once the new employer submits Form I-129 and receives a receipt notice, you can legally start working for your new employer. This portability ensures minimal disruption in employment.  

• Documentation:

Unlike new applications, transfers require proof of current H-1B status, including pay stubs and prior approval notices.

Common Questions and Misconceptions

Can I Transfer My H-1B Without a Job Offer?  

No, a job offer is mandatory. The new employer must sponsor your H-1B transfer by filing the necessary paperwork with USCIS.  

Does a Transfer Guarantee Approval?  

While transfers typically bypass the lottery, approval still depends on meeting USCIS eligibility requirements. Missing or incomplete documentation can derail the process.  

Do I Have to Leave the U.S. During a Transfer?  

Generally, you don’t need to leave the U.S. as long as you maintain lawful H-1B status. However, this depends on proper paperwork submission.  

Practical Tips for Both Processes

• Start Early:

Whether it’s a new application or a transfer, time is of the essence. Delays in gathering documents or filing petitions can complicate your plans.  

• Use Premium Processing:

For those in a rush, premium processing can expedite decision-making to 15 days for an additional fee.  

• Consult an Immigration Attorney:

The intricate details of these processes highlight the importance of professional guidance. Attorneys ensure compliance and help you avoid costly errors.

Switching careers or starting fresh in the U.S. doesn’t have to be daunting. With proper planning and a clear understanding of your path, whether a transfer or a new application, you’ll be one step closer to achieving your career dreams. If you’re navigating these procedures, contact Sverdloff Law Group for trusted support every step of the way.