When it comes to an H-1B transfer, many people think that they can exploit this system by entering the U.S. through a cap-exempt employer and transferring their status to a cap-subject employer to avoid the cap altogether. Obviously, this is not possible.
The reason that most H-1B transfer petitions are not cap-subject is because you have already been counted against the cap in the past. If you have not, then the next time you file a petition for a transfer, the USCIS will determine whether or not you are still cap-exempt.
Therefore, if you entered the U.S. through a cap-exempt employer and you have a petition filed to transfer your status to a cap-subject employer, that petition will be entered into the cap. This means that it must be filed on the first business day in April and you will not be able to work for your new employer until October 1st of that year. For H1B Visa Process Visit UT Evaluators.
H-1B Transfer Premium Processing
IMPORTANT UPDATE: Premium processing has been suspended for all cap-subject petitions for the 2019 fiscal year. The suspension will take place April 2, 2018 and continue until September 10, 2018. To read more about this suspension and how it affects your case, read our premium processing suspension update.
There are a few important points to remember about H-1B transfer petitions. The first is you must be employed on H-1B status the date that the transfer is filed with USCIS. The earliest day your are permitted to begin work is the day USCIS receives the I-129 transfer petition.
If for whatever reason there is a gap in employment from the period you stopped working for you H-1B employer the filing date of the H-1B transfer, seriously consider H-1B transfer premium processing.
Difference Between Regular and H-1B Transfer Premium Processing
The regular H-1B transfer process takes anywhere from one to four months whereas H-1B transfer premium processing takes only 15 calendar days. To know more information on H1B Visa visit Pasear-w
The fees for an H-1B transfer (if you opt out of premium processing) are nearly identical to your original H-1B filing fees.
1. I-129 fee is $460
2. The ACWIA Fee for less than 25 employees is $750 or $1,500 for more than 25
3. The fraud prevention fee is $500
4. Premium processing fee of $1,410
Attorney fees may vary so it’s best to contact our Fort Lauderdale immigration attorneys to learn more.
Typically, the USCIS does not give out refunds. However, premium processing is an exception in this case. If the USCIS fails to adjudicate your petition within 15 calendar days after the I-907 has been submitted, then the fee will be refunded and the petition will be processed normally.