How long does an H1B transfer take? If you’re ready to take the next step in your career but unsure about the timing, you’re not alone. The uncertainty of when you can start your new job can feel like a race against time. Whether you’re eyeing a new opportunity in the U.S. or looking to switch employers while navigating O-1 or EB-2 NIW visa pathways, understanding how long an H1B transfer takes is crucial. In this article, we’ll break down the entire process, the factors that affect the timeline, and how Veripass can help you accelerate the transfer process, making your transition smoother and faster.

Read Also: Reasons for B1 B2 visa rejection: 11 Powerful Wins for Approval

What is an H-1B Transfer?

An H-1B transfer is the process of moving your H-1B status from one employer to another without needing to go through the lottery process again. This transfer isn’t an official “transfer” in legal terms, but rather a new petition (Form I-129) that your new employer files with USCIS.

The main advantage of an H-1B transfer is that you can start working with the new employer as soon as the petition is filed, instead of waiting for approval (provided you meet specific conditions).

How Long Does an H1B Transfer Take? The Key Steps in the Process

Before we get into the timing, it’s important to understand that the H-1B transfer process is made up of several steps, and the total time can vary depending on the specifics of your case. Below, we’ll break down the process and estimate how long each step takes.

1. Offer from the New Employer

Before anything can happen, you need a job offer from the new employer. This step can take anywhere from a few days to a week, depending on the complexity of the offer and the job role.

• Time Estimate: A few days to 1 week

2. Document Gathering and Submission

Once you accept the offer, the employer will need to gather the necessary documents and files. This includes your Labor Condition Application (LCA), your employment history, pay stubs, and any supporting documents from your current employer.

This step may involve back-and-forth communication between you and your employer. The quicker you both work together to submit the documents, the faster this phase will be completed.

• Time Estimate: 1-2 weeks

3. Labor Condition Application (LCA) Processing

The LCA is a required document that the employer submits to the Department of Labor (DOL), which verifies that the employer is paying you the prevailing wage for the specific job location and that working conditions meet U.S. standards.

The typical time for the LCA approval is about 7-10 calendar days. However, if there’s any issue with the filing, this can extend to several weeks.

• Time Estimate: 7-10 days (sometimes longer if there are issues)

4. Filing the H-1B Petition (Form I-129)

Once the LCA is certified, the employer files the Form I-129 petition with USCIS. This petition requests a change of employer under the H-1B visa and relies on your existing cap count (meaning you don’t have to go through the lottery again).

The time it takes for USCIS to process this petition depends on whether your employer chooses premium processing (faster) or regular processing (slower).

• Regular Processing: Typically, it takes 2-6 months for USCIS to review and approve the petition.
• Premium Processing: With premium processing, USCIS guarantees a decision within 15 business days. This can be a huge time-saver if you need to start work quickly.
• Time Estimate:
  • Regular Processing: 2-6 months
  • Premium Processing: 15 business days (or slightly longer if there’s an RFE)

5. Waiting for USCIS Decision

After USCIS processes the petition, it will send the employer an I-797C receipt notice, confirming that the petition was accepted. The transfer process is officially complete when the petition is approved, but you can start working immediately once the petition is filed, under the AC21 portability rules (if eligible).

• Time Estimate:
  • I-797C Receipt Notice: A few days to 2 weeks
  • Approval Notice: Several weeks to months

6. Can You Start Work During This Process?

Yes—you can begin working once the petition is filed, as long as the new job is in a similar occupation and you have not violated your H-1B status. This is where AC21 portability comes in, under these rules, once your petition is filed (and not necessarily approved), you can begin your new job while waiting for USCIS to process the application.

• Time Estimate: As soon as the petition is filed

Factors Affecting How Long Does an H1B Transfer Take

While the general timeline for an H-1B transfer might seem straightforward, there are several factors that can affect the overall time it takes for the transfer to be processed:

1. Employer Size and Profile

The size and type of employer you are transferring to can play a role in the process. Larger employers may have more streamlined processes, but sometimes they can create more paperwork, especially if the job is more complex or specialized. Smaller companies may take more time to gather the necessary documents or navigate the legalities.

2. USCIS Service Center Backlogs

USCIS processes H-1B petitions at various service centers across the U.S., and each center may have different processing times. Some centers may be quicker than others, and delays may occur depending on backlogs at specific locations.

3. Requests for Evidence (RFE)

An RFE can occur if USCIS needs additional information or clarification regarding your petition. If you receive an RFE, the clock resets for premium processing. An RFE can significantly delay your H-1B transfer, adding several weeks or months to the overall timeline.

• Time Estimate: Several weeks to months, depending on the type of RFE

4. Complicated Immigration History

If you’ve had any issues with your immigration status in the past (such as gaps in employment, unauthorized employment, or overstays), this could complicate the process and delay the transfer. In such cases, it’s crucial to consult with a lawyer or an immigration expert to avoid unnecessary delays.

How Veripass Can Help You with Your H-1B Transfer

If you’re an O-1 or EB-2 NIW applicant and want to make the H-1B transfer process as smooth and efficient as possible, Veripass can be a huge help. As a comprehensive immigration service provider, Veripass streamlines the entire process, making sure all your documentation is in order and eliminating any guesswork along the way.

Here’s how Veripass can support you during the H-1B transfer:

• Expert Guidance: Veripass provides tailored, expert advice to help you navigate the complexities of H-1B transfers. Whether you’re dealing with premium processing or need assistance with RFEs, Veripass can guide you at every step.
• Document Management: Veripass ensures all necessary documents are filed accurately and on time, helping you avoid unnecessary delays and penalties.
• Timely Filings: With Veripass handling the timing of your filings, you won’t have to worry about missing deadlines or running into unnecessary waiting periods.
• Peace of Mind: Veripass’s experienced team works directly with USCIS and other regulatory bodies, allowing you to focus on what matters, your career, not the paperwork.

How Long Does an H1B Transfer Take? Final Thoughts

The H-1B transfer process can vary based on a number of factors, from document gathering to USCIS processing times. In most cases, premium processing can expedite your transfer, helping you start working within a matter of weeks. Regular processing, on the other hand, can take months.

By understanding the factors that impact timing and planning ahead, you can ensure a smoother and faster H-1B transfer. For those in need of expert immigration services, Veripass is your go-to partner to simplify the process, ensuring a seamless transition from one employer to another.

If you’re ready to understand more about how you can successfully navigate your H-1B transfer, join our free webinar to dive deeper into the process and see how Veripass can assist you with your immigration needs. Watch this free webinar today