If you have worked for a company on an H1B visa in the past, you may be wondering can I work for previous employer after H1B transfer. In this article, we’ll outline the steps you need to take to ensure that you can continue working for your previous employer after you transfer. We’ll also provide the process for changing jobs in H1B for the transition and avoiding any potential problems.
The short answer is yes. You can work for your previous employer after transferring your H1B visa. The important thing to remember is that If the USCIS does not approve your previous employer, you may not be able to work there.
What is an H1B Visa?
An H1B visa is a visa that allows foreign professionals in specified fields of work to work in the United States. The visa is issued to employees of foreign companies who have a “special relationship” with their U.S. employer. The H1B visa process is frequently difficult and time-consuming, but it can be worth it if you are looking for a career change or want to work in a specific field.
The key requirement for an H1B Visa is that the position must be in a specialty occupation. This means that the worker must be employed in a field that is not ordinarily filled by U.S. citizens and must have a minimum of a bachelor’s degree or equivalent experience. As long as the employer can demonstrate that there are not enough U.S. citizens who can perform the job, an H1B visa may be granted. The employee must also have a job offer from a U.S. company that is sponsoring the visa.
Process for Changing Jobs on an H1B:
If you are looking to switch jobs on an H1B visa, there are a few things that you need to take into account. Here is what will you need to do:
1. Submit Your Information:
The first step is to submit your information to the USCIS. This includes information about your new job, employer, position, and salary.
2. File an Lca Application:
After you have submitted your information, you will need to file a Labor Condition Application (LCA). This application will show the USCIS that you are lawfully employed and meet all the requirements of an H1B visa.
3. Give a Signal:
Once you have filed your LCA and the employer has been notified of the change in position, it is important that they give a signal to their workers’ collective bargaining representative. This will let them know that you are legally employed and eligible for an H1B visa.
4. File the Visa Application and Documents:
After your given signal, you will need to file the visa application and supporting documents. The most important document is your current resume I-94 records. You will also need to provide evidence of your salary and qualifications for the new job.
5. Pay Fees:
After filing all of your documents, it is important to pay the fees. The fee for filing an H1B visa application is $460.
Advantages of Changing Jobs on H1B:
There are a few benefits to switching jobs on an H1B visa. The main advantage is that you will be able to stay in the U.S. and continue working while you wait for your new visa to be approved. Also, it can be difficult to find a job in your field if you do not have experience or training in that area. Switching jobs can give you the opportunity to learn more about a certain field and potentially land a better-paying position than what you currently have.
Upon Approval of H1B Transfer, Is There Any Time Limit to Join the New Company?
There is no specific time limit on when you must join the new company, but it is important to keep in mind that the visa may only be valid. You should also remember that there are restrictions on how long you can remain in the U.S. before you must leave again.
H1B Transfer without I-797 Approval Notice:
Let’s now talk about Is I-797 required for H1B Transfer? The H1B visa is a temporary work visa that allows employees from countries that are not included in the Visa Waiver Program to be employed in the United States. I-797 is a form used to confirm that the employee is eligible for the H1B visa. If you are an employer who is filing an I-797 for an employee, you must ensure that the employee is authorized to work in the United States. This can be done by checking whether the employee is authorized to work in the United States under the H1B visa category.
Fortunately, there is no specific requirement that you receive an i-797 approval notice in order to transfer your H1B visa. However, it is often helpful to have this document in case there are any questions or issues with the application process.
Will My Current Employer Know About H1B Transfer?
The short answer is that your current employer may not know about your plans to transfer your H1B visa. If you have completed the required paperwork and notified your current employer of your intent to transfer, they will most likely be aware of the change. However, it is always advisable to contact them in case there are any inaccuracies or questions that need to be clarified.
H1B Transfer Notice to Current Employer:
If you are transferring your H1B visa without using an i-797 approval notice, it is important to let your current employer know about the transfer. This can be done by summarizing the reasons for the transfer, providing a copy of any required paperwork, and saving any correspondence that is relevant to the application process. You should also ensure that your current employer has up-to-date contact information for you so that they can easily reach you if there are any questions or issues with the application process.
Final Thoughts:
Now that we have a basic understanding of what an H1B visa is and what it does, I hope everything is clear to you now. We hope this guide has been helpful and that it provides you with the information you need about can I work for a previous employer after H1B transfer or not. However, if you have a valid H1B visa, you can still work for your previous employer, as long as the position you are applying for is within the same field of work! To find out more about this process and find out the specific time limit, read our suggested blogs.
Frequently Asked Questions:
How many days does it take for H1 transfer?
It can take up to 1 to 4 months for the H1B transfer application to be processed, but this time may vary depending on the specific circumstances of your case.
Can I still go back to old employer after joining new employer on H1B?
Yes, you can continue to work for your old employer as long as the job you are taking is within the same field of work. And there are no material changes in your responsibilities or working conditions.
Do I have to join a new employer after H1B Transfer?
No, you do not have to join a new employer after the H1B transfer. You can continue working for the same company as before.
When can you start working for new employer with H1B Transfer?
It is possible to start working for the new employer after the transfer of your H1B visa.
Does H1B transfer require stamping?
No, the process of transferring your H1B visa does not require you to receive a stamp from USCIS.
