Transfer of H1B Visa
Oct 23rd 2002, 1:32 am
#1
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Joined: Oct 2002
Posts: 17
Transfer of H1B Visa
Can any immigartion expert advise me about the following:
1. A person who is on H1B Visa , if his company is completely disolved because of the lack of business. Can that person transfer his Visa to another Company ( i.e after disolving the company)?
Any particular time period is involved with in which he has to complete the process before becoming ILLEGAL.
2. What is the latest " Visa Transfer Fee " from H1B to H1B and what are the documents required in this regard from the employer whose Visa is being held by the employee .?
Thank you for your guidance .
1. A person who is on H1B Visa , if his company is completely disolved because of the lack of business. Can that person transfer his Visa to another Company ( i.e after disolving the company)?
Any particular time period is involved with in which he has to complete the process before becoming ILLEGAL.
2. What is the latest " Visa Transfer Fee " from H1B to H1B and what are the documents required in this regard from the employer whose Visa is being held by the employee .?
Thank you for your guidance .
Oct 23rd 2002, 5:05 am
#2
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Re: Transfer of H1B Visa
On Tue, 22 Oct 2002 18:32:46 -0700, iyyaz_akram wrote:
> Can any immigartion expert advise me about the following:
> 1. A person who is on H1B Visa , if his company is completely disolved
> because of the lack of business. Can that person transfer his Visa
> to another Company ( i.e after disolving the company)?
> Any particular time period is involved with in which he has to complete
> the process before becoming ILLEGAL.
He can transfer this H-1B to another employer. The rule is that the day
you are laid off, you fall out of status. To avoid that, you should have
the new employer file the new H-1B immediately. In most cases, that is not
possible. As an alternative, request a change to tourist status, look for
a new job, and then have the new employer file a new H-1B for you (which
will change you back from tourist to H-1B). If you have a spouse or
children on H-4, don't forget that they, too need to change to tourist and
later back.
As long as the transfer is filed within 60 days of your layoff, you can
start working for the new employer immediately; you do not have to wait
for the new H-1B.
> 2. What is the latest " Visa Transfer Fee " from H1B to H1B and what are
> the documents required in this regard from the employer whose Visa is
> being held by the employee .?
There is no "visa transfer fee" because there is no visa involved. Your
new employer simply requests a new petition on your behalf, and (if you
changed to tourist) also a change from tourist to H-1B.
The fee for this transfer is either $130, $1130 or $2130.
It is $130 if the new employer is exempt from the training fee - that is,
if the new employer is a non-profit or educational institution.
It is $1130 for most employers.
It is $2130 if you need a decision within three weeks (in transfer cases,
this is usually not necessary!) For non-profits etc., it would also be
$1000 less.
> Can any immigartion expert advise me about the following:
> 1. A person who is on H1B Visa , if his company is completely disolved
> because of the lack of business. Can that person transfer his Visa
> to another Company ( i.e after disolving the company)?
> Any particular time period is involved with in which he has to complete
> the process before becoming ILLEGAL.
He can transfer this H-1B to another employer. The rule is that the day
you are laid off, you fall out of status. To avoid that, you should have
the new employer file the new H-1B immediately. In most cases, that is not
possible. As an alternative, request a change to tourist status, look for
a new job, and then have the new employer file a new H-1B for you (which
will change you back from tourist to H-1B). If you have a spouse or
children on H-4, don't forget that they, too need to change to tourist and
later back.
As long as the transfer is filed within 60 days of your layoff, you can
start working for the new employer immediately; you do not have to wait
for the new H-1B.
> 2. What is the latest " Visa Transfer Fee " from H1B to H1B and what are
> the documents required in this regard from the employer whose Visa is
> being held by the employee .?
There is no "visa transfer fee" because there is no visa involved. Your
new employer simply requests a new petition on your behalf, and (if you
changed to tourist) also a change from tourist to H-1B.
The fee for this transfer is either $130, $1130 or $2130.
It is $130 if the new employer is exempt from the training fee - that is,
if the new employer is a non-profit or educational institution.
It is $1130 for most employers.
It is $2130 if you need a decision within three weeks (in transfer cases,
this is usually not necessary!) For non-profits etc., it would also be
$1000 less.
