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How Long does it take to transfer my H1B visa to another company?

Burlington, VT |

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?

Attorney Answers 3

Posted

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.

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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
Skype: jeffrey.a.devore
email: jdevore@devorelawgroup.com
web: www.devorelawgroup.com

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4 comments

Asker

Posted

Thank you veru much for replying. I am currently in H-1B status. So, if the employer decided to hire me, how long does it usually take to submit the new H-1B petition and start working for the new employer?

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

That depends upon the facts of your case, but it can be as quick as 2-4 weeks. If your new employer has a lawyer handling its cases then you need to discuss this with that lawyer. Otherwise, consult with an experienced immigration attorney who can work with you and your new employer to expedite the process as best as possible. ----------- 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 Skype: jeffrey.a.devore email: jdevore@devorelawgroup.com web: www.devorelawgroup.com

Asker

Posted

The new employer does not have any lawyer with them. I have attorney who have helped me for my H-1B last year, but the result was questioning. I was on OPT from July 2010 - July 2011.I have filled my H-1B petition on April 1st, and got aproved before my OPT expires. However, he told me I can not work from July until Oct. 1st. My friend, who has been in the same situation, and have different Lawyer was actually working continuasly even after her OPT was expired. That's why I was questioning about what she told me "It is not possible to work for 4 months for new employer". Do you happen to have a free consultation?

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

Sorry, but no, I do not provide a free consultation. Not to be sounding condescending, but you are paying for my time and expertise which is what I sell. You get what you pay for. Please call my office at (561) 478-5353 and my staff will be more than happy to discuss with you the cost of a consultation and how to schedule one, whether it be in person, via telephone or Skype. <http://www.avvo.com/attorneys/33410-fl-jeffrey-devore-1278586.html>

Posted

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.

Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.

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2 comments

Asker

Posted

Thank you very much for the quick reply. I am not planning to use the premium process. if I am going to start working after the petition is filled, is there any possibility my H-1B transfer does not get approved?

Mary Carmen Remigio Madrid-Crost

Mary Carmen Remigio Madrid-Crost

Posted

Yes, there is, espeially if the previous petitioner revokes the H-1B before the adjudication of the succeeeding H-1B.

Posted

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.

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