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Once an employee has obtained an H-1B visa for employment in the United States, they can go to work for the employer that sponsored the visa application. However, the H-1B visa can be transferred to a different employer once the individual is in the U.S. With the help of an experienced H-1B transfer lawyer, the transfer process can be efficiently and effectively navigated.

It is widely known that only a certain number of H-1B visas are issued each year. However, this cap does not always apply in the H-1B transfer situation:

  • If the individual came in on an H-1B visa for an employer that was not subject to the cap and are transferring to an employer that is also not under the cap, then the H-1B visa transfer does not fall under the current year’s cap.
  • If the employee came in on an H-1B visa for an employer that was not subject to the cap and now are transferring to an employer that is subject to the visa cap, the individual is now subject to the cap along with every other new H-1B visa applicant.

The transfer of an H-1B visa can be a complicated and confusing process. We can guide you through the processes, whether you are an individual or a business. Get in touch with us today to discuss this situation further.

With over 30 years of experience, our lawyers and staff at The Shapiro Law Group focus their attention solely on handling immigration matters for business clients across the globe. Based in Chicago, Illinois, we have a vast understanding of the U.S. immigration laws and how these laws may apply to your situation. Though we handle H-1B transfer cases for individuals, we concentrate on assisting employers throughout the transfer process.

When seeking an H-1B transfer, the process must be completed as if the employee were applying for the initial H-1B visa. The new employer must sponsor the H-1B transfer application. It is essential that the employee has plans on beginning work with the new employer immediately after the transfer has been processed and approved, otherwise they may not qualify for the transfer.

H-1B Visa Transfers
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Contact an H-1B Transfer and Immigration Lawyer

We at The Shapiro Law Group pride ourselves on our insight and full understanding of the immigration and naturalization processes here in the U.S. Contact an attorney at our firm online or call us at (847) 564-0712. We return contacts promptly and are able to schedule consultations at your convenience.