H-1B Change of Employer in Seal Beach: Transfer Your Work Visa Smoothly
Expert guidance on H-1B portability and employer transfer procedures
Quick Answer
For H-1B professionals in Seal Beach considering a job change, the H-1B transfer process allows you to move to a new employer while maintaining your work authorization. SoCal Immigration Services helps Middle Eastern professionals navigate this important transition.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
For H-1B professionals in Seal Beach considering a job change, the H-1B transfer process allows you to move to a new employer while maintaining your work authorization. SoCal Immigration Services helps Middle Eastern professionals navigate this important transition.
What is H-1B Portability?
Key Benefits:
• Start working for new employer immediately upon filing
• No gap in employment or work authorization
• Continue working while transfer is pending
• Protection from status violations during transition
Requirements:
• Must be in valid H-1B status at time of new petition filing
• New employer must file non-frivolous H-1B petition
• No unauthorized employment before petition filed
This portability makes job changes much easier for H-1B professionals in Seal Beach and throughout Orange County.
H-1B Transfer Eligibility Requirements
- •Currently in valid H-1B status (not expired, no violations)
- •Were lawfully admitted to the United States
- •Have not engaged in unauthorized employment
- •New position qualifies as specialty occupation
- •New employer is willing to file H-1B petition and pay required wages
- •Have not exceeded 6-year H-1B maximum (or qualify for extension)
- •New employer can demonstrate ability to pay prevailing wage
When Can You Start Working for the New Employer?
Start Date:
• Can begin working on the date USCIS receives the new H-1B petition
• No need to wait for receipt notice
• No need to wait for approval
Requirements to Begin Work:
• New employer must have actually filed the petition
• You must have been in valid H-1B status when filed
• Position must be genuine specialty occupation
Risk Considerations:
• If petition denied, work authorization ends immediately
• Should have contingency plan if transfer fails
• Consider timing with current employer notice period
Seal Beach professionals should coordinate resignation carefully with petition filing dates.
H-1B Transfer Process Step by Step
- •Step 1: Receive job offer from new employer in specialty occupation
- •Step 2: New employer files Labor Condition Application (LCA) with DOL
- •Step 3: LCA certified (typically 7 days)
- •Step 4: New employer files Form I-129 H-1B petition with USCIS
- •Step 5: You can begin working for new employer on filing date
- •Step 6: USCIS reviews petition (regular: 4-6 months, premium: 15 days)
- •Step 7: Respond to any Request for Evidence (RFE)
- •Step 8: Receive approval notice with new employer authorization
Premium Processing for H-1B Transfers
| Processing Type | Timeline | Cost | When to Use |
|---|---|---|---|
| Regular Processing | 4-6 months | $460 (I-129) | Budget conscious, job secure |
| Premium Processing | 15 business days | $2,805 + $460 | Need certainty quickly |
| Upgrade to Premium | 15 days from upgrade | $2,805 | Regular taking too long |
Documents Needed for H-1B Transfer
- •Your resume/CV showing qualifications
- •Degree certificates with transcripts
- •Credential evaluation if foreign degree
- •Current H-1B approval notice (I-797)
- •Recent pay stubs from current employer
- •Your passport with visa stamps
- •I-94 arrival/departure record
- •Previous H-1B petition copies (if available)
- •Job description for new position
- •Evidence of specialty occupation nature
- •New employer's ability to pay documentation
What Happens If Your Transfer Is Denied?
Immediate Impact:
• Work authorization with new employer ends immediately
• Cannot continue working for new employer
• Status depends on your situation
Options After Denial:
• Return to original employer if position still available and they'll refile
• File new H-1B with another employer
• Change to different visa status (F-1, B-1/B-2 if eligible)
• Depart the United States
Prevention Strategies:
• Use premium processing for faster decision
• Ensure thorough documentation from the start
• Work with experienced immigration professionals
• Consider maintaining good relationship with current employer as backup
Seal Beach professionals should have contingency plans before starting with a new employer.
H-1B Transfer and Green Card Implications
PERM/I-140 in Progress:
• Changing employers generally requires starting PERM over
• Cannot use prior employer's labor certification
• Some exceptions for I-140 already approved
I-140 Already Approved:
• Can keep priority date from approved I-140
• New employer must file new PERM and I-140
• Or use I-140 portability if eligible
I-485 Pending (AC21 Portability):
• If I-485 pending 180+ days, can change jobs in same/similar occupation
• Don't need employer to file new I-140
• Must be same or similar occupational classification
• Should still file proper paperwork with USCIS
Priority Date Retention:
• Under certain conditions, can retain earlier priority date
• Important for EB-2/EB-3 backlog countries
• Consult immigration attorney for strategy
H-1B Cap and Transfer Exemptions
Cap-Exempt Transfers:
• If currently counted against H-1B cap, remain cap-exempt
• Can transfer to any employer without going through lottery
• No timing restrictions on when to transfer
Previous Cap-Exemption:
• If previously cap-counted, can return as cap-exempt
• Must not have exceeded 6-year maximum
• Can transfer even if H-1B previously expired (within certain limits)
Time Remaining:
• New H-1B limited to time remaining in 6-year period
• Extensions possible with approved I-140 or pending labor certification
• AC21 allows extensions beyond 6 years in certain circumstances
Multiple H-1B Petitions and Concurrent Employment
Concurrent H-1B Employment:
• Can work for multiple H-1B employers simultaneously
• Each employer must have approved H-1B petition
• Each position must be specialty occupation
Transitioning Between Employers:
• Can continue working for current employer while transfer pending
• Not required to resign until comfortable with new position
• Some professionals work for both during transition
Considerations:
• Don't violate terms of current H-1B
• Ensure you can fulfill duties of each position
• Each employer independently responsible for their petition
Common H-1B Transfer Mistakes to Avoid
- •Starting work before new petition is actually filed with USCIS
- •Quitting current job before verifying transfer petition receipt
- •Not maintaining valid status during transition period
- •Insufficient documentation of specialty occupation
- •New employer not understanding prevailing wage requirements
- •Gaps between last day at old job and petition filing date
- •Not considering impact on pending green card case
- •Assuming transfer will be automatically approved
- •Not having backup plan if transfer denied
- •Working for new employer after denial without new authorization
H-1B Transfer and Travel Considerations
While Transfer Pending:
• Traveling abroad can be risky during pending transfer
• May need valid visa stamp to return
• Petition may be considered abandoned if you depart
• Check whether petition includes request for new I-94
After Transfer Approval:
• New approval notice shows new employer
• May need new visa stamp for new employer
• Embassy will verify new employment relationship
Best Practice:
• Avoid international travel until transfer fully approved
• If travel unavoidable, consult immigration attorney
• Ensure you have all documentation for reentry
Prevailing Wage and Salary Requirements
Prevailing Wage Determination:
• Based on occupation, location, and experience level
• Seal Beach area wages often higher than national average
• Four wage levels based on experience/skills
• Must be at least Level 1 for entry-level positions
Wage Requirements:
• New employer must pay higher of actual or prevailing wage
• Must pay from first day of employment
• Salary must be documented in LCA and H-1B petition
Level 1 Concerns:
• USCIS scrutinizes Level 1 wage designations
• Must clearly document why lower wage level appropriate
• Many RFEs involve wage level justification
Seal Beach H-1B Transfer Services
- •Transfer eligibility evaluation
- •Coordination with new employer's HR/legal
- •LCA filing and compliance review
- •I-129 petition preparation and filing
- •Premium processing recommendations
- •RFE response assistance
- •Green card strategy during transition
- •Arabic language support throughout process
FAQFrequently Asked Questions
Q:Can I start working for the new employer before my H-1B transfer is approved?
A: Yes, under H-1B portability rules, you can begin working for the new employer as soon as the new H-1B petition is filed with USCIS, without waiting for approval. You must have been in valid H-1B status when the petition was filed.
Q:Do I need to go through the H-1B lottery again to change employers?
A: No, if you're already counted against the H-1B cap, you don't need to go through the lottery to transfer to a new employer. You're cap-exempt for future H-1B petitions as long as you haven't exceeded the 6-year maximum.
Q:What happens to my green card case if I change H-1B employers?
A: It depends on your green card stage. If only labor certification is pending, you'll typically need to start over with the new employer. If your I-140 is approved, you may be able to keep your priority date. If I-485 is pending 180+ days, you may be able to change jobs under AC21 portability.
Q:How long does an H-1B transfer take?
A: Regular processing takes 4-6 months currently. Premium processing guarantees a response within 15 business days for an additional $2,805 fee. The response may be approval, denial, or a request for more evidence (RFE).
Q:Can my new employer pay less than my current salary?
A: Yes, but the new employer must pay at least the prevailing wage for the position in Seal Beach. If the prevailing wage is lower than your current salary, a pay cut is possible. However, the prevailing wage must be accurately determined based on the actual duties.
Q:What if my H-1B transfer is denied?
A: If denied, your work authorization with the new employer ends immediately. Options include returning to your previous employer (if available), finding another employer to file H-1B, changing to a different visa status, or departing the U.S. Having a backup plan is important.
Q:Can I work for two H-1B employers at the same time?
A: Yes, concurrent H-1B employment is allowed. Each employer must have a separate approved H-1B petition for you. This is sometimes used during transitions or for consulting work with multiple clients.
Q:Should I tell my current employer I'm transferring my H-1B?
A: There's no legal requirement to inform your current employer until you give notice. However, some professionals maintain good relationships in case the transfer falls through. The decision depends on your workplace situation and relationship with your employer.
Ready to Transfer Your H-1B to a New Employer?
Our team helps Seal Beach professionals successfully transfer H-1B status to new employers. We coordinate with your new employer's HR department and ensure all documentation meets USCIS requirements.
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