I am currently working in Hospitality Industry, and trying to move out of the town, so I have been job searching for a while.
Now, I have another employer who is willing to hire me. However, my Lawyer said it will take 4 months to process the H1B transfer from my current employer to the new employer. So I cannot work until October.
Obviously, the employer is looking for someone who can work immidiately. If it will take 4 months, i won't be able to get the job.
I have read some Q&A about H1B, and some people are saying that it taked less than 4 months. Please explain the H1B transfer process to me, How long does it really take for me to start working for the new employer?
If you are currently in H-1B status your can "port" to a new H-1B employer and can begin working for your new employer upon submission of the new H-1B petition with USCIS, subject to ultimate approval. If you are not presently in H-1B status then you will have to wait until the new petition is approved and your status is changed to H-1B or you enter the U.S. with an H-1B visa.
Your lawyer should be able to explain this to you. If not, then you may wish to consult with another attorney for a second opinion.
Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
2925 PGA Blvd., Suite 204
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
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Under the H-1B portability rules, you can immediately start working for the succeeding employer as soon as the H-1B petition is filed. This is subject to approval, of course.
If you want to be ablsolutely certain to receive a decision from USCIS prior to transferring employment, you can premium process for an extra filing fee of $1225. You should be able to hear from USCIS within 15 days but if there is a request for evidence, the final adjudication will not take place until the response to the request for evidence is received by USCIS.
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Estimated processing times are as posted on the USCIS website.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.