Transitioning H-1B Visa with a Change of Employer: What You Need to Know
When you leave your current company and start working at a new one while holding an H-1B visa, you might wonder whether you need to apply for a new visa. This comprehensive guide will provide you with critical information and steps to follow, ensuring you maintain legal status and avoid potential issues during the transition.
Key Points to Consider
1. H-1B Transfer: When transitioning from one employer to another, the new employer must file a new H-1B petition on your behalf. This is often referred to as a H-1B transfer. The petition must be submitted through the US Citizenship and Immigration Services (USCIS) online system.
2. Grace Period: Upon leaving your previous employer, you are typically granted a 60-day grace period during which you can remain in the U.S. to seek new job opportunities or plan your exit. However, during this period, you may not start working unless the new H-1B petition is approved by the USCIS.
3. Cap-Exempt Organizations: If your new employer qualifies as cap-exempt, such as certain universities or nonprofit organizations, you may not be subject to the H-1B cap for the new employer. This can facilitate a quicker transition to a new work position.
4. Documentation: Ensure you have all necessary documentation from your previous employer, such as your employment contract and any issued I-797 notices of receipt. It's also essential to prepare for the new petition process with your new employer, including providing the required information and supporting documents.
Consult an Immigration Attorney
Consulting with an immigration attorney is highly recommended to ensure that you are following the proper procedures and obtaining personalized guidance based on your specific situation. A professional can help you navigate the complexities of the H-1B visa process and provide you with legal advice tailored to your needs.
What to Expect During the Transition
1. New Visa Stamping: You typically need a new visa stamp in your passport once the new H-1B petition is approved. This is necessary to ensure that your legal status aligns with your employment at the new company.
2. Travel and Visa Stamping: If you are planning to travel outside the United States, it is advisable to carry all necessary documentation, including your passport with your H-1B visa and a new valid H-1B approval document. If you have been outside the U.S. for a considerable time, reapplying for your H-1B visa might help avoid complications for future entries.
3. Certain Stages with Green Card: In certain situations, such as when your green card application has been pending and you are at a specific stage, staying with the previous employer might become necessary. However, this is not always the case, and careful consideration should be given to your individual circumstances.
By being well-prepared and following the proper steps, you can ensure a smooth transition from one employer to another while maintaining your legal status and ensuring your future in the U.S. is secure. Remember, seeking professional advice is always the best course of action for navigating the complexities of visa transitions.
Disclaimer: The information provided in this article is for general guidance and is not a substitute for professional legal advice. Consulting with an immigration attorney is recommended for personalized guidance.