Expiring H1B and Transfer Options for US Workers

Since its inception, the H1B visa category has been a popular method for hiring skilled foreign workers in the United States. However, many workers must face the reality of an expiring H1B visa and the potential need to transfer to another employer. This article aims to provide comprehensive guidance on the processes involved in handling an expiring H1B visa and the steps to transferring to a new employer.

Understanding H1B and Visa Expiry

By the term expiry, it is typically referring to the six-year cap on an H1B visa. Once the six-year term of an H1B visa is completed, the visa cannot be extended or transferred anymore, unless a new H1B visa is filed. It is important to differentiate between the visa expiry and the visa being valid for a certain period of time. Generally, H1B visas are issued with an initial validity of three years, and can be extended for another three years. After that, a new H1B visa application must be submitted.

H1B Visa Expiry and Transfer Procedures

After the six-year term of an H1B visa has expired, a worker cannot simply transfer their H1B status to a new employer. In such cases, a new H1B visa must be applied for from the start. If an individual has been outside the United States for more than one year after the H1B expired, they must first return to the U.S. and then the new employer can file for a new H1B visa for the employee. It is strongly advised that individuals consult with an immigration attorney to understand their options and navigate the complex immigration process.

Steps to Transfer H1B to a New Employer

For a new employer to transfer an employee's H1B status, they must file a new Form I-129 along with appropriate supporting documentation to the USCIS (United States Citizenship and Immigration Services). If the new employer has a legal team, they should have the expertise to handle this process. However, it is crucial to understand that this process may vary depending on several factors, including the nature of the employment relationship and the stage of the current H1B petition.

Important Considerations and Recommendations

When an H1B visa expires, the individual must leave the U.S. for one year before returning to resume employment. After this period, a new sponsor, i.e., the new employer, must file a new H1B visa application for the individual. Consulting an immigration attorney is highly recommended during this process to ensure compliance with immigration laws and to identify any potential issues or concerns.

Conclusion

Handling an expiring H1B visa and transferring to a new employer is a complex and legally sensitive process. Employers and workers must carefully follow the procedures and engage with legal experts to ensure a smooth transition. If not handled correctly, a failure in following these procedures could result in significant legal and financial consequences. Therefore, seeking professional legal advice is highly recommended.

Key Points

The-six-year-term-of-an-H1B-visa-after-which-it-cannot-be-extended-or-transferred. The-new-employer-must-file-a-new-Form-I-129-and-supporting-documents-to- USCIS. Individuals-with-an-expired-H1B-must-return-to-the-US-for-one-year-before-getting-anew-H1B-via-a-new-employer.

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