Navigating H1B Visa Transfers and Re-entries When Changing Employers

Introduction to H1B Visas and Transfers

H1B visas are a popular choice for many professionals seeking to work in the United States. However, what happens when your employment changes? Changing your employer means you may need to file a new H1B visa transfer, which is a process involving more than just a change in paperwork. This article aims to guide you through the steps, including necessary filings and re-entry procedures.

What Happens When an Employer Changes?

When you switch employers, it is crucial to understand that your H1B visa cannot be transferred automatically. Your previous employer must file a new petition for your transfer, and your new employer will have to confirm that the position you are applying for is a specialty occupation within a STEM field and that they cannot find a suitable American worker for the position. This new application goes through the same rigorous process as the initial H1B application, ensuring that all requirements are met.

Timeline and Filing Requirements

Your new employer should file the H1B transfer as soon as possible, ideally within the 60-day courtesy period following your start date with the new employer. This period allows the transfer to be considered without immediate effect. Beyond this period, your new employer should formally file the transfer application. The scrutiny remains the same, and the transferred petition will be subject to the same thorough review process by USCIS (United States Citizenship and Immigration Services).

Traveling with an Existing H1B Visa Stamp

A frequently asked question when changing employers is whether you need a new H1B visa stamp in your passport. The answer depends on how you plan to travel:

Traveling to Canada or Mexico for less than 30 days: You can use your existing H1B visa stamp as long as it is still valid. You will also need the I-797A Notice of Action with your transfer petition number.

Traveling to other destinations: In most cases, you will need to obtain a new visa stamp before returning to the U.S. The process usually involves renewing your visa at a U.S. embassy or consulate in your home country.

Following my experience, it is necessary to carry an updated I-797 form with you when you return to the U.S. The CBP (Customs and Border Protection) officer may update the petition number on your passport. This form serves as proof that your new H1B transfer is pending or has been approved.

Therefore, it is advisable to check the latest travel advisories and consult with a visa officer to ensure a smooth re-entry process.

Disclaimer: This article is based on general information and personal experience. Always consult a legal professional for personalized guidance.