Recent News
USCIS Updates Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act
Release Date: 08/24/2023 We are updating the USCIS Policy Manual to clarify how we will apply the extraordinary circumstances exception to the “sought to acquire”
Keeping Families Together : Application for Parole in Place (NEW PIP August, 2024)
On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the
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H-1B Frequently Asked Questions
H1B Employer Transfer before I-140 Approval:
Can I change my H1B employer before I-140 approval?
Yes, you can change your H-1B employer before your I-140 petition is approved. The process for changing H-1B employers is commonly referred to as an “H-1B transfer” or “H-1B portability.” Here’s how you can change your H-1B employer before your I-140 is approved:
- Find a New Employer:
Begin by securing a job offer from a new U.S. employer who is willing to sponsor your H-1B transfer.
2. New Employer’s H-1B Petition:
The new employer will need to file an H-1B petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS) on your behalf. This petition should include supporting documentation, such as a job offer letter, evidence of your qualifications, and other required forms.
- USCIS Processing:
USCIS will review the H-1B transfer petition to ensure that it meets all requirements and that both the employer and employee are eligible for the H-1B transfer. USCIS may issue a Request for Evidence (RFE) if additional documentation or information is needed.
- Continued Employment with Current Employer:
While the H-1B transfer is pending, you can continue working for your current H-1B employer.
- H-1B Transfer Approval:
Once USCIS approves the H-1B transfer petition, they will issue an approval notice (Form I-797). This notice confirms that the H-1B transfer has been approved.
- Begin Employment with New Employer:
You may begin work for the new employer after the USCIS receives the H-1B transfer petition. However, you cannot work for the employer if the transfer petition is denied.
- Update Your I-9 Form:
Complete a new Form I-9 with your new employer to verify your identity and employment authorization.
Changing H-1B employers is a common process and can be done at any stage of your H-1B status, whether or not your I-140 petition has been approved. It’s important to work closely with your new employer’s legal counsel or an immigration attorney experienced in H-1B transfers to ensure that the process is handled correctly and efficiently. Additionally, stay informed about any changes in immigration policies or regulations that may affect the H-1B transfer process.
- H-1B Transfer Period:
The H-1B transfer is typically approved for the same duration as the original H-1B visa, which can be up to three years, with the possibility of extensions. The total cumulative time you can spend on H-1B status is generally limited to six years, although extensions beyond six years may be possible in certain circumstances.
- Dependents’ H-4 Extensions (if applicable):
If you have dependents in the U.S. on H-4 visas, their status will need to be extended as well. The new employer should file Form I-539 to request an extension of their H-4 status.
Working closely with your new employer’s legal counsel or an immigration attorney experienced in H-1B transfers is crucial to ensure that the process is handled correctly and efficiently. Additionally, stay informed about any changes in immigration policies or regulations that may affect the H-1B transfer process.
H1B Employer Transfer after I-140 Approval:
Can I change my H1B employer after I-140 approval?
Yes, you can change your H-1B employer after your I-140 petition has been approved. Once your I-140 has been approved, it establishes the basis for your eligibility for a green card (permanent residency) in the future. This approved I-140 petition remains valid even if you change employers. Here’s how you can change your H-1B employer after I-140 approval:
- Find a New Employer:
Begin by securing a job offer from a new U.S. employer who is willing to sponsor your H-1B transfer and potentially your future green card process.
- New Employer’s H-1B Petition:
The new employer will need to file an H-1B petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS) on your behalf. This petition should include supporting documentation, such as a job offer letter, evidence of your qualifications, and other required forms.
- Begin Employment with New Employer:
You may begin work for the new employer after the USCIS receives the H-1B transfer petition. However, you cannot work for the employer if the transfer petition is denied.
- H-1B Transfer Process:
The H-1B transfer process for changing employers is similar to the process stated in the previous section. USCIS will review the H-1B transfer petition to ensure that it meets all requirements and that both the employer and employee are eligible for the H-1B transfer.
- Retaining Your Priority Date:
One significant advantage of changing employers after I-140 approval is that you can potentially retain the priority date from your approved I-140 petition. This means that you can use the earlier priority date when you file your green card application with your new employer. The ability to retain the priority date can be advantageous, especially if there are long wait times for certain green card categories.
- Consular Processing or Adjustment of Status:
After your new employer’s I-140 petition is approved, you may either apply for an immigrant visa at a U.S. consulate abroad (consular processing) or adjust your status to that of a permanent resident in the United States (adjustment of status). The choice between these two options will depend on various factors, including your current location, visa status, and personal preferences.
- Consult an Immigration Attorney:
Changing employers after I-140 approval and navigating the green card process can be complex. It’s highly advisable to consult with an experienced immigration attorney who can provide guidance on the best course of action based on your individual circumstances, including the ability to retain your priority date and any other relevant factors.
Changing employers after I-140 approval is a viable option for H-1B visa holders on the path to obtaining permanent residency. Working closely with an immigration attorney can help ensure that the process is handled correctly and efficiently.
No New Labor Certification for Transfer Process
Is a new labor certification required for H1B transfer?
No. Generally, an H-1B transfer doesn’t require a new labor certification. However, the new employer must file a new H-1B petition with the USCIS.
Traveling Outside the US while an I-485 (adjustment of status) petition is pending.
Can I travel without a valid travel permit (approved I-131) while my Adjustment of Status (I-485) is pending?
Yes. Pursuant to 8 CFR § 245.2, a valid H and L visa holder may travel outside the US without an approved travel permit (Form I-131) while his or her I-485(adjustment of status) application is pending. Since the H visa allows dual intent, the USCIS will not consider your I-485 as abandoned if you travel outside the US without an approved I-131 travel permit. However, you need to make sure your H or L visa is still valid before you travel.
Change of Status from and to H1B:
(1) Can I change my status from J1 to H1B?
Yes, it is possible to change your status from J-1 to H-1B, but it involves a specific process and certain requirements that you must meet.
(2) Can I change my status from H1B to R1?
Yes, it is possible to change your status from H-1B to R-1 in the United States, but you’ll need to follow specific steps and meet certain requirements to make this transition
Important Links for Related Visas:
Please click the links below to learn the details about other work visas.
Immigrant Visas:
Non-immigrant Temporary Work Visas:
Our Expertise and Services:
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance:
After the visa/petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.
Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.