Imagine that you are going through the H-1B visa approval process through company A, but company B provides you with an offer that is either more secure or more lucrative. Before you apply for an H-1B visa transfer (or more accurately, an H-1B petition with a new employer) before stamping, consider discussing your situation with a qualified immigration attorney. It will help ensure that you are making the best decision.
The above example, while not uncommon, is just one possible reason that you may want to change the company you are using to enter the U.S. When deciding whether to get an H-1B visa transfer before stamping or after stamping, it helps to understand the H-1B process and how you can maneuver within it. Check for H1B Visa Process in UT Evaluators
When dealing with USCIS visas and immigration, it can be easy to disrupt or sabotage your own efforts by making a poor decision during filing or processing phase. Because an interruption can mean months of delay, it is important to do things carefully and with legal guidance.
One of the great benefits of the H-1B visa is the fact that you can transfer your status from one employer to the next with relative ease. In fact, the American Competitiveness in the 21st Century Act (AC21) has made the transfer process even easier. In order to transfer, you will need to file a new petition. However, under the AC21, you will be able to start working for your new employer as soon as the petition is filed provided that you meet the following requirements:
A. You were lawfully admitted to the U.S.
B. The petition is considered non-frivolous, which means that it is based on law or fact.
C. You have never been employed in the U.S. in an unauthorized way
D.,Your H-1B status has already been approved with your current employer
Why Should You Transfer?
If you are in the process of obtaining an H-1B visa, you already know that it is a non-immigrant visa option for foreign workers with specific knowledge, education, or expertise that will allow you to be employed by a U.S.-based organization.
Because of this, you are not able to petition on your own behalf. Instead, your employer will file the required application with the USCIS. If the employer who initially sent the application is either unwilling or unable to complete the process or you find a better
opportunity with a different U.S.H1B Visa Transfer Before Stampingemployer before you enter the U.S., an H-1B visa transfer before stamping may be necessary.F or more info on H1B Visa visit Trauma2011
Making it through the lottery and getting an H-1B visa petition approved is no small task, so it is understandable to be cautious when making changes. That’s why deciding whether you should transfer your employment before entering the U.S. or waiting until you have arrived to change is an issue to discuss with an immigration attorney.