H-1B Transfers
H-1B Transfers
Already in H-1B status? Changing employers does not mean the lottery. A transfer is a new petition by the new employer — no cap, no registration window, and it can be filed at any time of year. Our fee for the case is one all-inclusive flat fee — no surprises, and nothing extra for an RFE.
Most of the H-1B movement in Silicon Valley is not the March lottery. It is people already in H-1B status moving from one employer to another — hired away, recruited, or moving on after a layoff. The law calls it a change of employer petition. Everyone calls it a transfer, and it is the fastest clean route to a new start date, because the worker has already been counted against the cap.
Under the portability rule, the worker can start with the new employer as soon as the petition is filed — on the filing receipt, not the approval — as long as the worker is in lawful H-1B status when it is filed. Getting the sequence right is the whole case.
For Employers
The candidate you want is already here, already working, already through the lottery. What stands between you and a start date is one petition — and premium processing is available when the date matters. Tell us the role and the person, and we take it from there.
One point worth knowing in the current climate: the $100,000 payment in the headlines applies to certain new petitions for workers outside the United States. A transfer for a worker already here in H-1B status is a different posture — we confirm the position when we file, before you budget the hire.
For the Worker Moving
Most transfer trouble comes from sequence — resigning at the wrong moment, traveling at the wrong moment. Neither is hard to avoid when the timing is planned first. A spouse and children in H-4 status move with the case. And if you are anywhere near the six-year limit, the transfer is often where the green card timeline gets decided — ask about that in your inquiry, because the answer turns on where your green card case stands.
If you want your own read on the timing before the new employer files, tell us your situation. We reply in writing, focusing on the issues involved.
How It Works
- Tell us about the role and the worker — through the form below.
- We reply in writing, focusing on the issues involved — status, timing, and the start-date options.
- If we agree to take the case on, we handle the filing end to end.
For the full picture, see the H-1B visa page and the HR / Employers page.