Can I Change Jobs If I’m In The United States On An H-1B Visa?

An H-1b is an employment visa that gives professional nonimmigrants the opportunity to live in the United States and work for an American company. Currently, only 65,000 of these visas are issued each year, so it can be understandably difficult to obtain one. Nevertheless, there are cases where H-1b visa holders need to change jobs. In these scenarios, visa holders often wonder if they will lose their visa. Thankfully, our law firm has the answers you need! Read this blog to learn how you can transfer employment visas and how an Employment Visa Attorney in New York City can provide high-quality legal counseling.

CAN I CHANGE JOBS ON AN H-1B VISA IN NYC?

Yes, you can change jobs if you’re living in the United States on an H-1b visa, but you’ll need to undergo a certain process to do so. Generally, you’ll need to transfer your current status to a new visa sponsored by your new employer. You won’t need approval from your previous employer for the transfer. You cannot legally switch jobs on an H-1b visa without going through the proper transfer process.

WHAT IS THE H-1B VISA TRANSFER PROCESS?

The transfer process is pretty similar to how you applied for your initial H-1b visa. This is usually what happens during the transfer process:

• Before the current employment period ends, the new employer files I-129, which is the Petition for a Nonimmigrant Worker.
• The visa holder pays all H1-b transfer fees.
• Both the visa holder and the new employer each submit the required documentation.
• If the visa holder has already stopped working for their previous employer, then the new employer must file for premium processing.
• The visa holder may begin working for their new employer once the USCIS approves the transfer and sends a confirmation to their new employer.

WHAT DOCUMENTS WILL I NEED?

There’s quite a bit of documentation you’ll need to file for an H-1b visa transfer. Again, it’s similar to what’s required for an initial H-1b visa application.

The visa holder will need:

• Resume
• Qualifying diplomas or degrees
• University transcript
• Academic evaluation
• Paystubs or a letter from the previous employer

The new employer will need:

• A letter of position that states the job title and salary, signed by both the employer and the visa holder
• A document detailing the job position’s responsibilities and duties
• Marketing material
• Financial statements from the company, or business plans/annual reports

Are you considering transferring your H-1b visa to a new employer in New York City? Are you seeking a trusted immigration law attorney who has your best interests in mind? Look no further because the Law Offices of Cheryl R. David are on your side! Contact our highly experienced team today for an initial consultation.