H-1B Visa Holders | Eligibility for Green Card Application

Lorien Finance
Lorien Finance

Securing a job and H-1B Visa is a long and stressful process. Once you have them both, you feel proud of yourself! However, one of the great things about working in the US is that you are never limited to the job you have, and you have legal allowances on your side to make sure that you find a job that is fulfilling and rewarding. Read on to learn more about switching jobs after getting an H-1B visa.

H1-B TRANSFER: The process for a new H-1B visa after changing jobs is commonly referred to as an ‘H-1B transfer’. When you accept a new job, you must file a new H-1B visa petition. As you have already received an H-1b visa with your first employment in the US, the following points will be in your favour while filing a new visa petition:

  • You are not subject to any visa caps

  • You can petition at any time of the year

  • You can file more than one petition simultaneously 

  • You can begin work at your new job once you have received your petition for a new visa, regardless of whether or not your petition is approved, known as Porting

  • You do not need permission from your current employer to file a new H-1B petition

  • However, you may still be bound by non-compete agreements and controls. If this is the case, contact a knowledgeable labour attorney


If your H-1B transfer petition is denied, you can continue working for your current employer, who sponsored your first visa, if they are willing to keep you on. A denied petition doesn’t change your current H-1b status- you can remain in the US until the return date stated on your card.


The exact H-1B visa transfer processing time varies from case to case. The process for an H-1B transfer typically takes 4-8 weeks after applying to the USCIS, but you can streamline your application. Other factors that affect the H-1B transfer process length are the employment location and the USCIS processing centre responsible for the application.


A ready checklist will help you not forget anything when applying for a new H-1B visa petition. The documents needed are:

  • Your US visa, 1-797 and 1-94

  • Your resume

  • Your pay stubs, a letter from your employer, or a leave of absence letter.

  • Your university degree and transcripts, along with your academic evaluations.

Along with these documents, your new employer will need the following:

  • A letter of position stating your job title and salary, signed by both you and your employer.

  • A proper job description.

  • Marketing material from the business.

  • The company’s financial statements, annual reports, or business plans.


Your H-1B transfer cost will range between $1,710 - $6,460. You will not need to pay the $10 registration fee again.


Once you cease to be employed, you have a maximum 60 days grace period, in which either you get another employer to sponsor you for another visa status allowing you to stay in the US, or make plans to head home. 

So, keep yourself abreast with the latest updates on visas and work in the USA to be able to full-fill your dream of living in the US permanently. For more tips on making your life easier in the US, follow Lorien Finance on Facebook. Instagram, LinkedIn

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