The opportunity of a
new role change can prompt hesitation, understandably. The process of
transferring your H-1B to a new employer can be a daunting experience but, we
believe these concerns should never hold you back from achieving your goals and
advancing your career.
Rest assured, our
team has the experience necessary to help you achieve your career goals and
ensure that your H-1B transfer is filed correctly and with an extraordinary
sense of urgency. While the process of transferring your visa may have
similarities to your first petition, it’s important to note that the transfer
will not be counted against the cap and therefore, will not be entered into the
lottery.
At Tential we
understand the importance of a successful transfer for you, your family, and
your career, and we respect each step of the process with an extraordinary
level of care. We hold an impressive success rate and only work with the best
to provide you with an outstanding experience and an unmatched level of
communication.
As we’ve been through
this process many times, we’ve compiled a list of our most frequently asked
questions when it comes to H-1Bs. Check them out below:
Q: What is the
average amount of time it takes to transfer my H-1B visa to Tential? When can I
start working?
The first step in
transferring your H-1B visa is to file a Labor Condition Application (LCA),
which we would file on your behalf. Once
the LCA has been submitted it will take seven days for the U.S. Citizenship and
Immigration Services (USCIS) to certify that they have received the
application. At this point you are able to begin working with your new
employer.
After we have received the LCA certification, your petition will be filed and moved into the approval process. Should you choose to move forward with premium processing for your transfer, you will have a decision within fifteen days. Without premium processing, the approval could take more than twelve months, but it’s important to remember that you can work while a petition is in process for approval. You are eligible to work effective immediately once USCIS has certified your LCA.
Q: Is there
anything that I should have ready at the beginning of this process?
In order to transfer your H-1B visa to Tential you will need various copies of verification of credentials such as diplomas and pay stubs. Contact a Tential Associate for the full list of documentation you will need to provide.
Q: Is there
anything that I can provide to help expedite the process?
Ensuring that all
documentation is prepared is the best way for you to expedite your H-1B visa
transfer.
If you have received
your degree outside of the U.S., you will need to submit a credentials
evaluation. Having this prepared can help to avoid delays and requests for more
information.
Q: Are there any
potential delays outside of Tential’s control that I should be aware of?
A potential delay of
an H-1B visa transfer approval is a Request for Evidence (RFE) from the USCIS.
It is vital to remember that an RFE is not a symbol of denial, and similarly,
not a delay in your eligibility to work, but simply a sign that the USCIS would
like additional information to clarify one of the following:
- The
relationship between the employer and the employee.
- The
applicant’s degrees and education.
- The
positions qualification as a specialty occupation.
- The
financial status of the employer.
In the event that a
Tential client receives an RFE, we work with our outstanding team to urgently
submit all requested information.
An RFE will only
cause delay should you want transfer approval prior to your start date.
Remember, you are eligible to work while your case is in process and our team
is diligently working on your approval.
Our number one priority is you. While others may divert your questions, we encourage you to ask away! We care about everyone we interact with as if they are our family and that means that if you have a question we can always be reached. Reach out to an Associate today!
