H1B Transfer With I140 Receipt Number? Top Answer Update

H-1B transfers: upon receipt

These materials are provided for informational purposes only and do not constitute legal advice. The transmission of these materials is not intended to create an attorney-client relationship, and receipt thereof does not constitute an attorney-client relationship. Readers should not act on the information contained in these FAQs without first seeking advice obtain a qualified attorney.

Q: Can an H-1B holder begin work based on receipt of a petition by USCIS instead of waiting for actual approval?

A: Yes. If a foreign national has H-1B status and wishes to change employers, and provided certain requirements are met, that foreign national may begin working for a new H-1B employer before obtaining approval for the new H-1B -Request received.

Q: Based on USCIS receiving a transfer/renewal application, what requirements must an H-1B holder meet to work for a new employer?

A: The three basic requirements are: 1) the person has not been employed without a permit (this could even mean one day of unauthorized employment); 2) the individual has previously been granted H-1B status; and 3) the person has been lawfully admitted to the United States.

Q: What does “receipt” of the petition by USCIS mean? Is a USCIS acknowledgment of receipt required for USCIS to consider the petition “received”?

A: USCIS has confirmed that a FedEx or UPS receipt is sufficient to confirm “receipt”. There is no need to wait for the USCIS Receive Notice to be issued.

Q: If the candidate prefers to wait for USCIS acknowledgment of receipt to work with a new employer, how long will that take?

A: Typically, USCIS issues acknowledgments of receipt within 1 to 2 weeks.

Q: What are the consequences if USCIS denies the case after the alien has started working for the new employer based on USCIS’s receipt of the application?

A: In the unforeseen event that the government denies the H-1B petition, the individual’s work permit will terminate immediately as of the date of the USCIS denial decision. The person may then be asked to leave the country to avoid being considered illegally resident in the United States and to avoid jeopardizing future immigration eligibility.

Q: How likely is it that the H-1B transfer will be rejected?

A: If WSM can verify the candidate’s documents showing full immigration history and previous employment, we can confirm continued maintenance of legal status and no unauthorized employment. Provided the candidate has the required bachelor’s degree in a specialty and the H-1B job is for a specialty occupation, the likelihood of a USCIS rejection is minimal.

Q: Can the H petition be submitted with an award processing request?

A: Normally yes. Sometimes the USCIS suspends premium processing. Please visit our Immigration Law Updates website for the latest news.

Q: How long will it take USCIS to approve the transfer/renewal of H-1B?

A: USCIS processing times vary widely, but can take several months. Visit the USCIS website for current processing times.

With the approved i140, you can easily apply for an H1B renewal after 6 years. This is exempt from the cap.

With an approved i140, you are eligible to submit a 3-year H1B renewal.

, you are eligible to submit a 3-year H1B renewal. With PERM approved and i140 pending, you can only file a 1-year H1B renewal, even if the PERM was filed 365 days ago.

, you can only file a 1-year H1B renewal, even if the PERM was filed 365 days ago. If you have a pending PERM filed 365 days ago, your employer may request a 1-year extension for you before the 6th year is up.

, your employer can apply for a 1-year extension before the end of the 6th year. Without a PERM or i140, you cannot renew H1B in Year 7. They should leave the US at the end of the 6-year quota. You can stay outside the US for 365 days and re-apply for H-1B in the Cap Subject lottery.

Most highly skilled workers with an L1A visa in the US are eligible for the EB1C Manager Fast Green Card category. However, as they are Indian and Chinese-born, they change their status to H1B after the quota of L1 expires.

I140 PD datum can be ported to keep your place in the GC queue.

PERM and i140 can be submitted even if you are outside the US after year 6.

Example:

PERM and i140 can be submitted and approved even if you have left the US to work from India.

i140 Pending

My suggestion is to upgrade your i140 application to premium when you are about to hit your max. Get approved within 15 days and immediately submit a renewal.

If you can’t submit a premium upgrade like in the case of EB1-C, you should try to reclaim your vacation time to push the 6th year end date forward. This is a strategy advocated by attorneys as USCIS allows you to reclaim your days spent outside the US as legal H1B time.

If you have zero days to collect them again, you can:

Visit Canada or Mexico for a short period e.g. B. 30-60 days before the start of the 7th year. You can use AVR to return to the US within 30 days.

Visit a home country like China or India and then return to the US and extend the end date of your 6th year.

H1B Reclaiming means submitting an H1B renewal to bring forward your 6-year end date by utilizing your vacations taken outside of the United States.

H1B transmission with i140

You can request i140 information directly from USCIS if your employer does not share it.

#1 I-140 Pending

You can submit the H1B transfer while your i140 is waiting for approval.

The I-140 petition relates to a future position with Employer A and therefore the petition remains valid and will one day reach a decision stage unless I-140 is specifically revoked by your Employer A (current employer).

You can do an H1B transfer and work with Employer B at any time while your i-140 is pending.

#2 I-140 Approved

You can submit an H1B transfer with an approved i140 and get a 3-year extension after a 6-year quota.

Your Employer A can revoke the I-140 if 180 days have not elapsed from the approval date.

You can use your I-140 priority date to port to new employer B.

Employer revokes i140 after H1B transfer

#1 I-140 revoked before approval

You cannot use i140 for an extension that has been revoked by the employer prior to their approval.

No. 2 I-140 revoked approval after 180 days

You can use the approved I-140 to maintain your priority date with new employer B by filing a new PERM and I140.

No. 3 I-140 is approved by Employer A and is NOT revoked

You can use the approved I-140 to maintain your priority date with new employer B by filing a new PERM and I140.

You can move to Employer A when your priority date becomes current and submit your I-485 for a green card.

If your green card priority date is current from EB2 in the EB3 table, you can file a downgrade from EB2 to EB3 by filing a new EB3 i140 with EB2 PERM.

Sample i140 letter of approval – i797

Leaving the US, coming back in the future?

You can leave the US and return at any time in the future through a current or another employer once your date is current.

The only thing to watch out for is that your i140 should not be retired. The best way to ensure this is to remain with your current employer for at least 180 days after i140 approval.

i140 remains valid until your green card priority date becomes current.

Current USCIS rules state that you should submit your green card application within 1 year of the current date.

Many H1B employees in the US are currently filing a PR for Canada or Australia and moving there with an approved i140 in hand. They plan to return to the US once their EB2 or EB1 priority date is effective and they can file an i485 adjustment of status.

Can I apply for an H1B Extension Cap Exempt at any time?

Many people are also returning to their home countries, such as India or China, with plans to return to the United States later.

In this case, you can submit the H1B extension as exempt from the cap if you have an eligible i140.

There is no expiration date listed on the I-140 permit.

You can use it with as many employers as you want until your Green Card date is up to date.

FAQ

What is the difference between I140 withdrawal and 180 day withdrawal? Your employer can retire your i140 once you leave them. USCIS allows for the transfer of your green card priority date to a new employer with a new change to the AC21 rules made in January 2017.

Your i140 will remain valid if not withdrawn by your employer within 180 days of its approval. You can use the retired i140 as many times as you like to extend or transfer your H1B.

USCIS will only revoke i140 if after 180 days they determine fraud or misrepresentation by your employer. You cannot use the i140 once it has been revoked.

Employers can also request the i140 exit after 180 days. Don’t worry if the USCIS case status shows as “withdrawn” online. You can use the retired i140 to port your date and extend H1B. Can we transfer I-140 to a new employer? I-140 is tied to the employer and their job offer. I140 cannot be transferred. However, you can PORT the priority date to the new employer B.

You can also use an old employer’s approved I-140 to apply for H4-EAD.

Can I travel to and from the US with the Approved i140? You can return to the US at any time by filing an H1B transfer or renewal with your approved i140. Will a new i140 be required after the H1B transfer? You can continue to use the old employer’s approved i140 until your green card priority date is current.

This means you need a new i140 for a new employer to file an i485 status adjustment. The good news is that i140 and i485 can be filed simultaneously once your green card priority date is current.

Example:

Your approved i140 from Employer A can be used to extend or transfer H1B to Employer B, C, or Z as many times as you like.

You only need a new PERM and i140 at the time of filing i485 status adjustment for a green card. Do I need a new PERM and PWD to transfer the i140 datum to a new employer? Yes, you will need to submit a new PERM, PWD and i140 for a new job with a new employer.

The PD date can be ported and you can do this process when you expect your date to become current. Use Employer A’s approved i140 to transfer data with Emp C when Emp B has not submitted an i140? You can use your approved i140 from Employer A to transfer your GC datum to Employer C even if Employer B did not submit an i140.

This is a common question when you have changed jobs from Employer B and are then thinking of filing an H1B transfer with Employer C. Can we apply for H4 EAD with i140 withdrawn? You can apply for H4 EAD even if the approved i140 has been withdrawn as long as the i140 has not been revoked for “fraud” or “misrepresentation”.

Current H1B visa holders can transfer their visa and start working for a new employer once an H1B transfer application is “filed” by the new employer (sponsor company) with USCIS. The applicant does NOT have to wait for the transfer to be issued.

The H1B Transfer Act (Act S.2045), approved by the Senate and House of Representatives, now has rules that allow holders of valid H1B visas to change jobs if the new employer reapplies, so long as the person is of lawful status at the time of filing and has not engaged in unauthorized employment since his last lawful registration.

Under the H1B portability rules of the American Competitiveness in the 21st Century Act (AC21), an H1B visa holder can transfer to take up work (a new H1B job) with a new employer, provided the new U.S. employer complies with the Procedure for submitting an H1B transfer visa application on behalf of the employee.

Transfers allow individuals who have applied for a status adjustment and whose cases have been pending for at least 180 days to change jobs or employers without affecting the validity of the I-140 or underlying certificate of employment, as long as the new job is the same or one Similar job classification to the position on the original H1B visa application and certificate of employment.

Q: Can a person with an H1 visa change/change jobs?

A: Yes. The new employer must submit an H-1B visa application.

Q: Do I need to inform my current employer before applying for an H1 transfer from my new employer? If I don’t tell them, is there any way they can know? Do I need to get permission from my current employer?

A: You do not have to tell your current employer, and they have no way of knowing about this transfer through any government agency like USCIS, DOL, etc. However, be aware of your co-workers with whom you may have spoken and are considering sharing it with your employer. You do not need approval from your current employer for an H1 transfer.

Q: After receiving an H1 transfer, is there a time limit to join the new employer?

A: No, legally there is no deadline. You can join at any time and work until the LCA expiry date. When you join is entirely between you and your new employer.

Q: Is there a limit to how many times I can request an H1 transfer?

On a. You can apply as often as you like.

Q: Can I apply for an H1 transfer for multiple employers at the same time?

A: Yes.

Q: I have an H1 visa stamp from my old employer. Now I have received an H1 approval for a new employer. Do I need to get an H1 visa stamped in my passport for my new employer?

A: There is a difference between H1 status and H1 visa stamp. The H1 visa stamp is only used for entry into the United States. H1 status is required to work in the US for the applicant employer.

If you have obtained H1 enrollment for the new employer (or even obtained H1 enrollment for the new employer), you can legally work for the new employer in the US on H1.

If you are traveling outside the US and your H1 visa stamp (even if from your previous employer) is not yet expired and valid, you can use this H1 visa stamp along with your new employer’s H1 application to return to the US. If your H1 visa stamp has expired (either from a previous or current employer), you must have your H1 visa stamped on your passport before you can travel back to the United States.

Q: I worked on an H1B with Employer X and requested an H1 transfer through Employer Y. If, after the transfer is approved, I change my mind and decide to continue working with current employer X, can I do that?

A: Yes. You can continue working at your current employer as if you never submitted an H1 transfer.

Q: How many payslips are required for an H1 transfer from previous employer?

A: The last 2 or 3 payslips should be sufficient.

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Q: I work for employer A -> intermediary B -> customer C. Is it ok to join C?

A: If you have a non-compete clause that states that you cannot join a member of the employer chain, you cannot join C. Otherwise it’s fine.

Q: I signed a contract that says I will be with my employer for X months, but I have a great offer now. Can I cancel? After all, bonds aren’t valid in the US, are they?

A: This is really an employment law issue and not an immigration law issue. The contract that you and your employer signed is enforceable, and signing such a contract does not qualify it as debt bondage. Your employer may be able to collect the penalty, which is enforceable in court. Generally small employers use it as a deterrent tactic to avoid turnover. You should talk to an employment lawyer about the specifics of your case.

Q: Can I transfer my H1b to another employer before October 1st? I already have H1b approval.

A: Yes, it is possible to request an H1b transfer before October without first employer payslips. All you need is confirmation of your H1b approval. This can be done both outside the US and in the US.

Q: I am currently in the US on an H1b. I haven’t had any payslips since October 1st. Can I switch to a new employer?

A: If the transfer request is made immediately within the first few weeks of entering the US, there have been a few instances in the past where USCIS has approved the transfers. However, it is not a guaranteed approval and there are huge risks involved. USCIS cracks down on banking situations. As a practical matter, if you are on an H1b you need to get paid and need the payslips for an H1b transfer.

Q: Can an H1b that has been approved and never used be transferred from outside the country?

A: A transfer is nothing more than a new H1b application that is not subject to the cap. If you have proof of prior authorization (such as a copy of I-797 or a receipt number), a new employer can transfer the H1b even if you have not yet entered the United States.

Q: I am employed by Company A on H1b, received a new offer from Company B and requested a transfer pending transfer. Now I have an offer from Company C that I want to join. Do I have to wait for Company B’s approval to move to Company C?

On a. You can request a referral using Company A’s I-797 approval, your most recent payslips, Company B’s receipt, B’s payslips, and have a referral to Company C approved. It is legal and possible as long as you are in valid status. To have a bridged H1B approved, it must be considered an extension of stay. Therefore, each link in the bridge must be approved in order for a later submitted H1B transmission to be approved. If the individual’s H1B status expires while the various H1B applications are pending, any rejection of one in the line of H1B extensions will break the bridge and the later cases will not be approved as H1B status extensions.

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Q: If consecutive H-1B portability applications can be filed, what happens if an alien’s nonimmigrant status expires while H-1B portability applications are pending and an application is denied in the “bridge”?

A: As noted above, in order to be approved, any H-1B portability application must meet the H-1B classification and residency extension requirements separately. In the event that the alien’s nonimmigrant status has expired while the petitions are pending, refusing to submit in the queue for applications for an extension of stay and/or change of status undermines the “bridge” that each petition submitted after the expiry of has “borne”. any approved status, resulting in denial of subsequent requests for extension or change of status.

Q: I just have an H1 visa in my passport from a company, but I am currently in my own home country and not working for that company. Can I travel to the US with this H1 visa stamp to seek a new employer by making an H1 transfer?

On a.

Q: Is there a cap on H1 transmission?

On a.

An I-140 petition is the second step in the employment-based green card process. Once your PERM work certificate is approved, your employer will file a Form I-140 known as the Immigrant Petition for Alien Worker on your behalf.

The employer should demonstrate that the company is financially sound and able to pay the salary advertised for the position. For this, the documents of the employer’s financial statements and the corporation tax return are required.

What other documents should accompany your I-140 form?

It is your employer who files the I-140 petition with the following information.

Completed Form I-140

Approved PERM (employment reference).

I-140 filing fee of $700 by check or money order, payable to the appropriate regional USCIS Service Center.

How to pay the application fee by credit card Evidence of your employer’s/company’s financial standing in the form of audited financial statements or a statement from your company’s chief financial officer.

Letters of experience from all your previous employers.

Other documents such as diplomas, letters of qualification, etc. may be required.

*Note: No documents are required for the sponsored applicant’s family member at this time.

When submitting a Form I-140 for a work-related immigrant visa to the USCIS Service Center, the applicant must indicate whether the beneficiary will seek consular processing at an American consulate abroad for an immigrant visa or status adjustment (AOS) or (Form I-485) for permanent residence at the INS.

What happens after your I-140 is filed?

After receiving your I-140 petition package, USCIS issues an acknowledgment of receipt and assigns a case number to your case. This is an acknowledgment of receipt. If USCIS accepts your application, a notice of approval will be issued. This means your I-140 has been approved and you can proceed to the next step in your green card process.

See Sample I-140 Approval

How long does it take for USCIS to approve your I-140?

The time it takes USCIS to issue a notice of approval is entirely dependent on the backlog at the specific service center where your application was submitted. It usually takes no more than 3 months to complete this process, however the processing time may vary from case to case.

Premium Processing for I-140 To speed up your I-140 process, you can opt for the premium processing option

Premium processing

Does an Approved I-140 Change Your Immigration Status?

No, an approved I-140 petition does not change your nonimmigrant status. They remain in the same status as before the petition was submitted.

Can you file I-140 and I-485 together?

Yes, this is referred to as a simultaneous filing. If you have filed an I-140 petition, you are eligible to file an I-485 (change of status) request. You can do this by submitting acknowledgment of receipt of the pending I-140 with the I-485 application. Additionally, applications for authorization to work (EAD) and early parole may be filed with the I-485 application. Family members (spouse, children) may also file I-485 at this time.

If I-140 and I-485 are filed at the same time, will USCIS process them at the same time?

Yes, a concurrently filed I-140 and I-485 petition is now being decided at the same time. However, if your I-140 is denied, I-485 will also be denied.

One of the most frequently asked questions on the blog related to H1B petition submissions is “How do I check the status of my H1B petition or case status online? Many applicants are concerned about their status and some say “It has been 4 months since I submitted, no response from USCIS or my case is still in initiation status”. In this article we will examine how to check H1B case or petition status online at the USCIS website and what each of the different statuses looks like.

If you are new to the H1B visa application process, USCIS is the government agency that accepts H1B registrations in an online system. They also accept H1B petitions for the applicants selected in the H1B registration lottery selection process. For more details on the latest H1B season details, visit H1B Visa 2023 – Lottery, Entries, Quota, What’s New

Before we go into detail, you need to understand the difference between the H1B registration and the H1B petition. Let’s check that out.

Difference between H1B registration and actual H1B petition

USCIS changed the process for applying for an H1B visa beginning in fiscal year 2021, introducing the H1B registration process as the first step before actually filing the actual H1B petition with USCIS.

H1B Registration: It is online registration by an H1 sponsoring company on behalf of an applicant intending to submit an H1B visa application, if elected in the registration process. As part of the H1B registration, the employer only submits basic information about the applicant in the H1B registration online tool. The employer does not send physical packages or forms to USCIS. H1B registrations are submitted by H1B sponsor companies as the first step in the overall H1B process.

: It is the online registration submission by an H1 sponsoring company on behalf of an applicant intending to submit an H1B visa application, if elected to do so in the registration process. As part of the H1B registration, the employer only submits basic information about the applicant in the H1B registration online tool. The employer does not send physical packages or forms to USCIS. H1B registrations are submitted by H1B sponsor companies as the first step in the overall H1B process. H1B Visa Petition: The H1B petition is the actual H1B visa application package, which includes the H1B Labor Conditions Application (LCA), the filing fee, and all of the applicant-related documentation that is submitted on behalf of the H1B applicant. Only applicants selected in the H1B registration selection process, also known as the H1B visa lottery, are eligible to submit the H1B petition. USCIS will send out a notice of receipt for the H1B application received from their office.

In the following section, we will focus on H1B petition or H1B case status for online review. If you are looking for registration or lottery status read the article: How to check H1B lottery or registration status online

H1B Case vs. H1B Petition Status?

Many use the terms H1B case and H1B petition interchangeably. In fact, both mean the same thing. What actually happens is that after someone is selected during the registration process in the H1B Visa Lottery, they submit the entire application package to USCIS. Submitting this H1B application package is often referred to as filing the H1B petition.

After USCIS processes the H1B petition, they assign it a case number. This is the case number used to track the status of the petition. Many refer to the H1B petition as an H1B case after USCIS issued the receipt number. So these terms are used interchangeably and both mean the same thing.

H1B visa application submission to USCIS, case receipt number

After an applicant is selected in the H1B enrollment process, the employer has the option of filing an H1B petition on behalf of the selected applicant. If the employer chooses to file an H1B petition, they would file an H1B petition with USCIS by completing the required I-129 form, attaching supporting documents, the appropriate filing fee, and other information.

After USCIS receives the H1B petition, they give a case a submitted H1B petition number called the USCIS case/receipt number. Because this number is specific to an H1B petition, it is also known as the H1B receipt number. USCIS will mail a copy of the acknowledgment of receipt to the H1B sponsor or attorney.

The H1B receipt number is located at the top of the I-797C receipt notice in the first row and first column as shown in the screenshot below. It starts with WAC, EAC or other letters denoting the service center, followed by digits. For more information on what each letter means, see What the H1B Receipt Number Means

H1B Receive Notification – Sample Case Number

Anyone, including the H1B applicant, can use the H1B receipt number provided by USCIS to check the status of the H1B application online at the USCIS website. If you, the applicant, do not have a copy of the acknowledgment of receipt, you should ask your employer or attorney to provide this information so that you can consult the USCIS.gov website.

How do I get the H1B case number? Get LCA from H1B ?

To obtain the H1B case number or H1B receipt number, you will need a copy of the H1B receipt notice as shown in the screenshot above. Only your H1B employer or sponsor, including attorney, would have the H1B acknowledgment notice. In most cases, companies share this acknowledgment of receipt with the applicant so that they can check their case status online. You cannot receive the H1B case number without having the H1B receipt notification. So you need to speak to your employer or lawyer to get the same.

The H1B employment condition application (LCA) is filed with the US Department of Labor before the H1B application is filed with USCIS. So this does not have the H1B case number issued by USCIS and you cannot get it from LCA. You can review the details of an LCA on sites like H1BGrader to see what an LCA includes.

How do I check the H1B visa case or petition status on the USCIS website?

Step 1: Go to the USCIS website case status link: Check USCIS Petition Status.

Step 2: As shown in the screenshot below, enter the receipt number of the H1B petition and click Check Status. You will receive the latest status of your H1B case.

Check USCIS H1B case status online

You can also go to the menu and click tools and then see the online case status on the page to go to the same URL and enter the H1B case number.

Check the case status of tools on the USCIS website

Various H1B case statuses on USCIS

Each H1B application submitted to USCIS can go through many steps and have different statuses in the decision-making process. Let’s look at some of the common statuses, such as: B. “Case Received”, “Request for Evidence (RFE)”, “Approved”, “Notification of Decision by Mail” and understand what they mean.

USCIS H1B Status – Case Received

Once USCIS receives your application, it will update its system and it will show the initial status of “Case Received” in its online system. Below is the example screenshot. It simply means that USCIS has received your application and has just received the application. The next step is to process the petition and then rule on the case.

Case Received – H1B case status

USCIS H1B Status – Request for Proof (RFE)

In some cases, USCIS asks for more information called a Request for Evidence (RFE) and sends a letter to your employer/attorney asking for more details. Many have also referred to this as an RFE or H1B query for short. According to USCIS, RFE means “A request for evidence is made when a request/request lacks the required documentation/evidence (initial evidence) or the officer needs more documentation/evidence (additional evidence) to determine an applicant’s eligibility for the benefit sought . We may send you a request for evidence at any stage of our review. The request will state what evidence or information we need to fully review your application or petition.” If your H1B petition is through RFE, the online status would look like the article below.

USCIS Request for Additional Evidence Notice emailed to RFE

USCIS H1B Status – Case approved for regular processing of petitions.

If your H1B visa application was approved, the system would display a status that says “Case Approved” if the application was approved and you received the I797 decision notice in the mail. This is how it appears on the USCIS website for approval.

USCIS case approved for H1B status

USCIS H1B Status – Premium Processing, Email

If you submitted your claim in Award Processing, you may see a different status update as the first update will be emailed and will say “Case has been received and a receipt has been emailed”. Review the screenshot below for USCIS approval status for an H1B premium processing application

USCIS H1B: Status “Case has been received and a receipt notification has been emailed.”

USCIS H1B Status – Postal Decision Notice Status (Denial)

Unfortunately, some people receive rejections on H1B visa applications. Here’s how USCIS would show the status “Emailed Decision Notice” and say that your H1B was denied. Check the screenshot.

H1B visa rejection notice has been sent by mail

There are many other states that an H1B petition can go through. You can check the detailed H1B statuses, expiry status in USCIS system.

frequently asked Questions

Can I track my H1B petition status on the USCIS website? Yes, you can if you have the H1B case number assigned by your employer. My employer won’t tell me the H1B case number, any options? No other options, your employer or attorney filing an h1B petition must share this information with you. If they don’t, there’s nothing you can do. Most employers share this information. Can I get the H1B case number or receipt number from LCA? No, you cannot get it from LCA. Can I sue my employer for not sharing the H1B receipt number? No, you cannot sue the employer to get an H1B receipt number. The H1B petition is owned and submitted by the employer. You cannot get their details by filing a lawsuit against them. My employer gave the H1B receipt number, not the receipt notice. How do I know it’s mine? Well, there’s no way to know this just by looking at the H1B receipt number. You must look at the H1B receipt notice to be sure it’s yours. The notification of receipt bears the name of the applicant. USCIS online status does not show the person’s details.

You can also read the online H1B processing time review article on the USCIS website to get an idea of ​​the approximate processing time.

Getting a green card approved is an exciting time for most immigrants. However, many wonder how long they can stay with their employer without facing penalties or jeopardizing their green card application process. In this post, we examine the process of changing jobs after green card approval, what to expect and more detailed scenarios.

USCIS grants green cards subject to the employee’s permanent acceptance of the job or position. As many assume, permanent doesn’t necessarily mean you’ll stay in the job forever or until you retire. “Permanent” in the immigration sense means “indefinitely”. In addition, the law provides that at the time of approval, the employee intends to remain in the workplace indefinitely. For example, if it is obvious that you intend to change jobs shortly before a green card approval, red flags may be raised.

Keep in mind that an I-140 permit does not automatically guarantee your green card. Changing jobs before you physically receive your visa will cause problems if not handled properly. However, if you currently have your green card in hand, you can change jobs without notifying USCIS.

Even if you’re applying for the EB-1A or EB-5 green cards, you don’t need a job offer, so your green card isn’t dependent on what position you hold.

How the process works

Job changes after I-140 approval can occur in two groups of people:

You change jobs with your current employer. You change employers completely.

If you stay with your employer and your job title and description change only slightly, you may be able to file an I-140 amendment. This helps ensure USCIS has the most accurate record of your case.

However, if at any point in the green card process you change employers entirely after filing the I-140, you must have that employer file a new I-140. In addition, that employer must also obtain a new PERM work certification for you if your green card requires one.

Your PERM is for a specific position for a specific employer in a specific geographic location. If any of these things change, the PERM will no longer be able to do its job of protecting US workers’ jobs. For this reason, if you change jobs and employers before or after I-140 approval, you will need a new perm. In addition, the employer must carry out a further recruitment period. In addition, the employer is exposed to the possibility of an examination.

On the plus side, if you indicate on the new petition that you want to keep the priority date of your original petition, you can avoid having to restart the priority date wait time. You could potentially save yourself years of waiting.

Keeping your priority date is also the trick to “porting” your green card. If while waiting for your date to be current you become eligible for a higher preference green card, a new sponsoring employer can re-petition and PERM and still retain your priority date.

Job change after green card approval at AC21

AC21 (The American Competitiveness in the Twenty-First Century Act of 2000) has some key provisions that focus on workplace flexibility to accommodate status applicants who face long or delayed processing times. More specifically, it allows an approved I-140 to remain valid so long as:

The I-485 has been pending for at least 180 days. This period begins from the date of receipt of the I-485 (not necessarily the date of notification).

AND

The new job is in the same or a similar job.

Below is the statute direct from USCIS:

A request under subsection (a)(1)(D) [renamed (a)(1)(F)] for a person whose request for adjustment of status was made under Section 245 and has remained undetermined for 180 days or more also valid in the event of a change of job or employer in relation to a new position if the new position is assigned to the same or a similar professional group as the position for which the application was made.

Let’s say USCIS approves your I-485 in less than 180 days and you’re interested in changing jobs after green card approval. USCIS will investigate whether you intended to apply to this sponsoring employer at the time you submit your application. The longer you can stay with your applicant/sponsoring employer, the better your case.

What does “similar job” mean?

In many cases, there is confusion as to what counts as a similar job. DOL’s online job classification system helps the assessing officer make the determination. The DOL uses what is known as standard job classification to properly group and classify jobs. Visit the BLS website to see where you fit into this classification system.

Note, however, that this system can sometimes be outdated and IT jobs often do not have current definitions. Therefore, the best course of action is a job change where the titles and job descriptions are as similar as possible.

For example, USCIS may become suspicious if you work as a healthcare professional and start working as an account after receiving your green card. In any case, you should consult a green card lawyer in such dilemmas.

Changing Green Card Categories After I-140 Approval

In addition to changing jobs and/or employers after I-140 approval, you can also transfer your petition from one green card preference level to a higher one. This is more common and advantageous for applicants seeking the EB-3 green card, as they can use the provision to upgrade to an EB-2 green card.

Over the years there has been a significant difference between the processing times of green card categories EB-2 and EB-3. The waiting time for specific countries shows this difference. While some applicants may have no choice but to wait, others may be able to use the portability rule to their advantage. Examples are those who have the following while waiting:

received new job offers that meet the eligibility criteria for a Green Card category with higher preference

have additional work experience that qualifies them for an EB-2

had an increase in wages related to the increasing complexity of their work tasks

Suppose you have experienced one of the above scenarios. If so, you may be eligible to switch from an EB-3 to an EB-2 green card and expedite your green card application process via the portability rule.

I-140 Portability: How to port from EB-3 to EB-2

Meeting the above requirements does not mean that you have been automatically ported from one green card to another.

Your I-140 portability is the ability to keep the priority date for your EB-3 and “port” it to your EB-2 without restarting the process. In all other aspects, however, it acts as a petition for a brand new green card. It requires your employer to submit a new PERM certificate of employment and Form I-140. The new petition must reflect the latest achievements that now qualify you for the higher preference category. Be sure to indicate on the petition that you wish to keep your priority date.

Changing Jobs After I-140 Approval FAQs

Can my employer revoke my I-140 after USCIS approves it?

Your applicant employer may choose to send a notice of termination to USCIS, especially if you did not break up amicably. However, the timing of the revocation will determine whether or not USCIS will revoke I-140. For example, if the withdrawal request is made within 180 days of the I-140 request being approved, USCIS allows the employer to revoke the I-140 request even after approval.

But if the required 180 days have already elapsed, USCIS does not permit the employer to revoke the approved I-140 petition based solely on notification to the petitioner. Remember that the employer can withdraw the I-140 at any time. But even if the status of the online case is “Retired,” your I-140 may remain valid as long as your elapsed 180 days have elapsed and no element of fraud or misrepresentation is suspected in your case.

Can I keep my priority date after I-140 is revoked?

You can still maintain your priority date for an approved I-140. In addition, USCIS may grant your request to retain the existing priority date for all other I-140s filed on your behalf. This applies even if the applicant employer withdraws the approved I-140 application. However, if USCIS discovers misstatement, fraud, or a material error on the approved I-140, it will revoke your request and your request to retain the priority date will not be granted.

Do I need to notify USCIS of my decision to change jobs?

You should notify USCIS of your intention to change jobs under the AC-21 Act as soon as possible. This can help prevent your status adjustment request from being denied even if your Form I-185 has been pending for more than 180 days.

USCIS will issue a letter of intent to deny the I-485 application if a sponsoring employer requests revocation of an approved I-140 application after:

the I-485 petition has been pending for 180 days

It has not been disclosed that you (the beneficiary) apply the AC-21 portability rule

Therefore, it is best to be proactive and notify USCIS.

Can I use the approved I-140 to submit an H-1B to a new employer?

You can use the approved I-140 application to request an H-1B renewal and/or a change of employer while the I-140 is valid. This can grant you an extension beyond the maximum length of stay of six years. However, if USCIS revokes the petition, you may no longer use it to seek renewal of H-1B status beyond the standard six-year maximum.

With a pending or approved I-140, you can easily extend your H-1B status beyond the six-year maximum and be exempt from capped H-1B filing. The length of the extension depends on the status of the I-140 petition.

If USCIS approves I-140, you can apply to extend your H-1B status for up to three years. However, if the I-140 is pending, you can only apply for a one-year H-1B renewal, provided your PERM has been submitted for at least 365 days. But without PERM or I-140, you must leave the United States at the end of the six-year validity period.

Another option is to upgrade your pending I-140 petition with Premium Editing if your six-year residency is about to expire and you don’t want to leave the United States. You will then receive a decision on your petition within 15 calendar days.

However, if the green card category you’re aiming for doesn’t have the option of premium processing (e.g. EB-1C), H-1B time recapture is another option you can take advantage of. This means that you are extending your stay in the US by using your time outside the US during the six years. You must provide evidence such as boarding passes and hotel reservations as proof of your stay outside of the United States.

Can my spouse apply for H-4 EAD with approved I-140?

An H-4 dependent can use your approved I-140 to apply for an H-4 EAD. Even if the petitioner withdrew the I-140, you could still use it for an EAD as long as USCIS hasn’t revoked it for misrepresentation or fraud.

How long do I have to stay with my employer after green card approval?

There is no blanket rule of thumb for how long you must stay with an applicant employer after USCIS approves your green card. However, to avoid any appearance of bad faith, you must convince the assessing officer that your original intention was to remain with the applicant employer on a long-term basis. Switching too quickly after approval and without proper justification or documentation could indicate that you are using this employer to obtain a green card instead of contributing as described in the petition. Talk to your green card attorney before making any changes and see how long you should wait before changing employers. In general, it is advisable to wait until you have received a Green Card before changing employers.

Does changing jobs after approval affect naturalization?

AC-21 does not cover how changing jobs affects your ability to obtain citizenship. However, it can affect your naturalization application if your career history raises red flags with the immigration officer who is deciding your case. For example, getting your green card within 180 days, changing jobs (or changing jobs before you got the green card), and then filing the N-400 once your five years of permanent residency expires can be problematic . It is essential that you seek advice from your lawyer as to whether it is advisable to wait a certain amount of time after changing jobs.

In particular, USCIS will closely review your green card situation when reviewing your naturalization application. If they determine that your job change was not in good faith and you attempted to circumvent the system, you may have trouble getting an N-400 permit. If this happens five years after you received the Green Card, your status as a permanent resident is protected. However, late naturalization becomes difficult because of the problematic job change. Ultimately, it would be best if you did not change jobs without legal advice at this crucial time.

Negative effects if not addressed properly

Due to the sensitive nature of changing jobs after green card approval, it is important to be aware of the potential implications. Assuming you and your employer both intended to comply with the terms/conditions of the I-140, when you file your I-485 you should be fine. However, if you drastically change your position or career, be prepared to respond to USCIS regarding your change when you apply for naturalization.

Frequently Asked Questions About Form I-140 (Immigration Application for Foreign Workers) and Simultaneous Filing of I-140 and I-485

What is Form I-140? Form I-140, Immigrant Petition for Alien Worker, is used to petition the U.S. Citizenship and Immigration Services (USCIS) to determine a foreign beneficiary as eligible for an immigrant visa because of their employment. For EB1-A Alien of Extraordinary Ability and EB-2 National Interest Waiver, the alien may make a self-inquiry. For other employment-based immigration categories, the alien needs an employer sponsor to file the I-140 petition.

How should I file I-140? An I-140 form can be submitted electronically or by mail, but supporting evidence must be sent to the service centers. If you submit the Form I-140 electronically, it will be automatically routed to the appropriate service center and you will receive a receipt showing where it was routed. For electronically submitted petitions, it is very important to verify your submission receipt and receipt number and to accurately note the place of receipt. All further communications, including the submission of supporting documents, must be directed to the receiving agency identified on your e-filing receipt.

Can a petitioner request premium processing for the I-140 petition? Yes. If a petitioner is requesting Premium Processing Services on Form I-140, the petitioner must also submit Form I-907, Request for Premium Processing Service. Submit Forms I-140 and I-907 together to the address listed in the Form I-907 filing instructions. The petitioner should NOT send requests for premium processing to a lockbox facility.

Can a petitioner request premium processing when the I-140 is pending? Yes. If an applicant has already submitted a Form I-140 and wants to request the Premium Processing Service, submit a Form I-907 to the service center where the Form I-140 is pending. See the Form I-907 filing instructions for more information. A requester should NOT submit requests for premium processing to a lockbox facility. The applicant must include a copy of the Form I-797C, Notice of Action showing that your Form I-140 has been accepted or, if applicable, a copy of the transfer notice showing the location of the Form I-140. To ensure that Form I-907 is reconciled with the pending Form I-140, the petitioner must complete questions 1 through 5 in Part 2 of Form I-907. If this information is not provided, the Form I-907 will be rejected.

What is the filing fee for I-140? The filing fee for Form I-140 is $700.

What steps can I take to ensure that my application for a Form I-140 will not be denied by USCIS? Be sure to submit your Form I-140 petition with correct information and well-organized supporting documents, or your petition may be denied or a final decision may be delayed. The following are tips to ensure your Form I-140 is accepted for processing: Use the most recent edition of the form, although older editions may be accepted. Be sure to carefully follow the instructions regarding where to submit your Form I-140 petition. On Part 2 of Form I-140, select only one visa preference category. (USCIS will deny the application for Form I-140 if Part 2 is left blank or if more than one visa preference category is selected in Part 2.) Answer all questions and provide information in all “Answer” and “Check” boxes box on . Please write “none” or “n/a” in an answer field if a question does not apply to you. Print or type information in black ink only. Don’t “highlight” or “shade” your input. Make sure the petitioner (sponsoring employer or yourself) signs the Form I-140. Add the correct fee specified in the form instructions. If you are submitting the petition along with other related applications, attach the fee to the petition with a paper clip or staple and write the applicant’s name on the payment document (i.e., in the notes field). Submit one check per application. If more than one petition or application is submitted with a single review and one of the forms is found to have been improperly submitted, ALL forms will be rejected. If applicable, file Form G-28 Notice of Entry of Appearance as attorney or agent (with original signatures of both agent and applicant or petitioner). For electronically submitted petitions, send the supporting documentation to the address provided in the electronic submission instructions. Do not submit other paper-filed applications or petitions with the supporting documents for the electronically-filed I-140.

What happens if an incorrect visa category is selected on Part 2 of the Form I-140? Upon receipt of Application Form I-140, USCIS will issue and mail an acknowledgment of receipt of Form I-797 to the applicant or Form G-28 representative. The acknowledgment of receipt will indicate the visa category that the petitioner applied for on part 2 of his I-140 form. If it is incorrect, a petitioner should promptly request a visa classification change from the USCIS National Customer Service Center [1-800-375-5283 1-800-767-1833 (TTY)] prior to making a decision on the application. After the request, the decision whether to change the visa preference classification will be made by USCIS based on the entirety of the records. Applications to change the visa preference category cannot be accepted in applications that have already been decided.

Can the petitioner request multiple visa categories to be taken into account? Yes. However, if an applicant wishes to place the foreign beneficiary in multiple visa preference categories, he/she must file a separate Form I-140 petition with the required fee and supporting documentation for each visa category requested.

What specific steps should be taken to submit an application for a Form I-140 that requires a DOL-approved certificate of employment? The Statement of Employment must be submitted using Form I-140 during the 180 day validity period identified at the bottom of each page of the Statement of Employment from DOL. Applications that are not supported by a valid certificate of employment will be rejected.

How can I ensure that my application for a Form I-140, which requires a DOL-approved certificate of employment, will be accepted for processing? Here are some tips to ensure that the Form I-140 application, which requires a DOL-approved certificate of employment, is accepted for processing: Package your Form I-140 with Form G-28, if available, at the top, followed by the form even . Place the original certificate of employment directly below the I-140 petition, followed by the other supporting documents. In cases where the end date of the validity of the certificate of employment expires on a Saturday, Sunday or public holiday, applications together with the certificate of employment will be accepted on the next business day. Applications with expired certificates of employment submitted after the next business day will be rejected. DOL-approved certificates of employment submitted electronically to DOL must be signed by the employer, agent/representative, and foreign beneficiary prior to filing with the I-140 petition. Form I-140 applications will be rejected if submitted with unsigned certificates of employment. If an I-140 is inadvertently accepted with an unsigned certificate of employment, the petitioner will be issued a Request for Evidence (RFE) requesting the necessary signatures. Place a colored piece of paper directly under the I-140 petition form and in large, bold type, request a duplicate of the employment certificate if you need one. If the petition being filed is an amended petition and the original certificate of employment was previously filed with another Form I-140 petition, place a colored piece of paper directly under the petition with large bold letters indicating that it is about a petition is a modified petition and that the certificate of employment has already been submitted. Also include the receipt number of the previously submitted petition, if any.

Is there a special way to organize the evidence with the I-140 petition? The different categories of evidence presented in support of the petition should be grouped according to the area of ​​eligibility that the category of evidence seeks to identify. A petitioner can follow the following tips to organize the evidence: Provide all required documentation and evidence along with the petition when it is submitted. Applications for Form I-140s may be denied without a Request for Evidence in cases where the required evidence outlined in the instructions and regulations is not initially provided. If you provide photocopies of documents, please provide clear, legible copies. (Note: Original DOL-approved certificates of employment signed by the petitioner, foreign national and representative, if any, must be provided if required for the visa category.) All foreign language documents must be submitted with a corresponding English translation. The English translation must be certified by a translator capable of translating and certify in writing that “the translation is true and accurate to the best of our knowledge and belief”. It is helpful if the English translation is attached to the foreign-language document. If the foreign beneficiary may be entitled to an earlier priority date based on a previously approved application on Form I-140, provide a statement to that effect along with a copy of the letter of approval on Form I-797 for the previous application. (See 8 C.F.R. 204.5(e)) When documenting the alien’s publications or citations of the benefited alien’s work, highlight the alien’s name in the relevant articles. It is not required to submit the full copy of any dissertation, thesis, or research paper written by the foreign beneficiary or in which the foreign beneficiary’s work has been cited. Include the title page and portion(s) citing the foreigner’s work and the “works cited” or bibliography. Tabulate and label the indicative exhibits at the bottom of the first page of each exhibit and provide a list of the indicative exhibits and the eligibility criteria each exhibit must submit to create petitions supported by a significant amount of documentation. An exhibit provided to meet multiple eligibility criteria should be appropriately identified in the exhibit listing.

In the case of EB1-A Alien of Extraordinary Ability petitions, what eligibility criteria should be identified on Form I-140? In the case of an extraterrestrial with extraordinary abilities, identify which of the ten regulatory criteria the extraterrestrial seeks to meet and the relevant evidence for each criterion. Also, provide a statement and evidence that the foreign beneficiary is coming to the United States to continue to be employed in his/her field with ongoing national or international recognition.

In the case of EB1-B petitions for outstanding professors or researchers, what eligibility criteria should be identified on Form I-140? The I-140 petition for an outstanding professor or researcher should include the following documents: The petition should state which of the six regulatory criteria the alien is attempting to meet and the relevant evidence for each individual criterion. Evidence that the foreigner has at least three years of teaching and/or research experience in the academic field. Submit a copy of the petitioner’s actual job offer issued to the foreign beneficiary. This letter or contract must state the title and terms of the position being offered. Submit the documentation described above for each job if the beneficiary has changed jobs since being hired.

In the case of EB1-C petitions for multinational executives or managers, what eligibility criteria should be identified on Form I-140? The I-140 petition for multinational executives or managers should include the following documents: Provide supporting documentation and a cover letter describing the name of the foreign employer, the position offered in the United States, the position held abroad, and years of service, and the Date the beneficiary terminated the alleged relationship between the foreign employer and the US petitioner, ie. H. affiliates, subsidiaries, joint ventures, etc., to the US state The Petition.

In the case of EB-2 petitions for aliens with exceptional ability, what eligibility criteria should be identified on Form I-140? The I-140 petition for aliens with exceptional ability should include the following documents: Identify which of the six regulatory criteria the alien is attempting to meet and the relevant evidence for each individual criterion. Provide evidence that the foreign beneficiary meets the minimum education and experience requirements specified on the supporting certificate of employment when submitting it on Form I-140 Part 2. option d.

What eligibility criteria should be identified in the case of an advanced degree professional or an alien with exceptional ability applying for a Petition to Waiver National Interests of Aliens with Exceptional Ability (EB2-NIW) on Form I-140? I-140 Petition for Advanced Degree Professionals or Exceptional Aliens Requesting a National Interest Waiver Exceptional aliens should include the following documents: Indicate how the alien qualifies for classification as a national of the Professions with qualifies an advanced degree (e.g., the alien has an advanced degree, the alien has a bachelor’s degree in addition to five years of progressive experience, or the alien qualifies as an alien of exceptional ability). Identify each of the three criteria (e.g., intrinsic merit, national scope, and national interest) that must be met and provide the evidence needed to meet each criterion. (See 8 C.F.R. 204.5(k) and Matter of New York State Department of Transportation (NYSDOT), 22 IN Dec. 3363, Int. Dec. 3363 (Act. Assoc. Comm. 1998).

Can a petition be withdrawn? Yes, the petitioner or Form G-28 representative can send a letter to USCIS requesting that the I-140 petition be withdrawn.

How can a petitioner request the withdrawal of a petition using Form I-140? The petitioner or Form G-28 representative may send a letter to USCIS requesting the withdrawal of the I-140 petition request. Withdrawal requests should include the following: A statement that the Form I-140 petitioner wishes to withdraw the request; The Form I-140 number of the petition receipt; Petitioner’s name, address and telephone number; name of foreign beneficiary; The foreign beneficiary’s Alien Registration Number, if known; The signature of the petitioner or representative on Form G-28.

How do I apply for a status adjustment after Form I-140 approval? Application Form I-485, Request for Adjustment of Status, is the document you must submit after your employment immigration application is approved. Documents such as photos, job reference, affidavit, physical examination records, etc. must be attached to this form upon submission. With the change in immigration regulations, the rules on status adjustment become much more restrictive. You must provide visa documentation to prove to you and your dependents your uninterrupted legal status since you entered the United States. This can be a serious problem for people whose status expired before their immigration application was approved.

My self-applied I-140 has been approved and my I-485 is pending. Can I quit my current job? For self-filed NIW or EB1-A applications, the job change will not affect the pending I-485. Applicants enjoy much greater flexibility due to the different nature of their petitions. The I-485 petition does not depend on which employer you work for during the process. However, this does not mean that you can work at any job after filing the I-485. You must demonstrate and maintain the required qualifications for the EB1-A application, meaning you are still working in the same field as when you filed I-140. If you later receive a Request for Evidence (RFE) or interview for the I-485 petition and no longer meet the qualifications set forth in the original I-140 petition, your I-485 may be denied.

If my employer sponsored my I-140 petition, can I change employers while I-485 is pending? Yes. Even if your employer sponsored your application, a foreign beneficiary of a pending or approved Form I-140 application whose application for a status adjustment (Form I-485) has been filed and remains undecided for at least 180 days and who seeks to change jobs to a new positions with the same or similar professional classification can submit an application to “port” under AC21.

Who is Eligible to Apply for a Change of Employer under INA 204(j) when I-485 is pending, commonly known as an INA 204(j) “porting”? A foreign beneficiary of a pending or approved Form I-140 application whose application for a status adjustment (Form I-485) has been filed and remains unevaluated for at least 180 days and is attempting to change jobs to a new job that means the same or similar professional group can submit an application to “Port” under AC21.

How can a foreign beneficiary apply for a change of employer under INA 204(j)? The petitioner should take the following steps to request a change of employer under INA 204(j): A foreign beneficiary may supplement the Form I-485 Record of Procedure with documentation pertaining to the new job opening that forms the basis of the INA 204(j) forms ) request for portability. The foreign beneficiary or Form G-28 representative for the Form I-485 application must send a letter from the new intended permanent employer detailing the job title and duties of the position being offered, minimum education or training requirements, and the date of the Foreign beneficiaries indicated employment commenced (or beginning) and the salary or salary offered. The letter must be issued and signed by the appropriate body within the new employer’s organization that has the authority to make or confirm an offer of permanent employment. A copy of the Form I-140 letter of approval or receipt and a copy of the Form I-485 letter of receipt should be provided to locate the alien’s beneficiary’s case record and confirm that the application has been pending for at least 180 days.

Can a foreign beneficiary request “porting” to another employer or workplace under INA 204(j) if their Form I-140 application is pending? Yes, a foreign beneficiary may apply to change employers under INA 204(j) while the application for a Form I-140 is pending (in the case of filing I-140 and I-485 at the same time), as long as his or her form is complete I-485 adjustment request has been pending for at least 180 days. However, in order for Application Form I-140 to remain “valid” for the purposes of INA 204(j), it must be determined that the application was “valid” when it was filed; H. that the I-140 application was filed on behalf of an alien eligible for employment classification and that the application contained a valid job offer at the time the application was filed. Therefore, the petition must be approved prior to a positive decision regarding a portability request under INA 204(j).

How does USCIS determine if an I-140 application was valid when processing disallowed I-140 applications filed concurrently with portability-related I-485 applications? When evidence is presented to USCIS that a alien is attempting to assimilate based on a new INA 204(j) job opening, the arbitrator will first determine whether the alien is the beneficiary of an approved I-140 petition. If not, the juror will determine whether the unapproved pending I-140 was licensable at the time of filing (this may include issuance of an RFE if the I-140 cannot be approved without further evidence of its merits). Only if the I-140 can be approved will the juror decide on the adjustment of the status application and also determine if the new position is the same or similar for I-140 portability purposes.

Can a subsequent employer use a previous employer’s approved employment statement to file an I-140 petition on behalf of the foreign beneficiary named on the employment statement? Yes. However, the successor employer must establish a successor-interest relationship (SII) with the predecessor employer.

How can a successor employer establish a successor interest (SII) relationship with a predecessor employer to use that employer’s approved employment certificate when filing an I-140 petition on behalf of the foreign beneficiary named on the employment certificate? The most recent memorandum issued by USCIS provides for the following factors to be considered in determining whether a valid SII exists: The job opportunity offered by the successor must be identical to the job opportunity originally offered on the certificate of employment; The successor bears the burden of proving eligibility in all respects, including providing required evidence from the predecessor company, such as: B. Evidence of the predecessor’s ability to pay the wage offered as of the date of filing the certificate of employment with DOL, and; In order for a valid successor relationship to exist between the successor and the predecessor who submitted the certificate of employment, the applicant must fully describe and document the successor’s transfer and acquisition of the predecessor’s property.

In the event of a change of employer, can a foreign beneficiary maintain the priority date established on a previously approved Form I-140 application? Generally, the foreign beneficiary may retain the priority date of the predecessor’s approved Form I-140 application, if any. Generally, a foreign beneficiary can also retain the priority date set by an approved E12 (Petitions for Outstanding Professors or Researchers) or E13 (Multinational Executives or Managers) petition for subsequent petitions filed on his or her behalf by a new employer were submitted in the E12 or E13 categories.

Will the SII analysis be negatively impacted if the job title for the position at the successor company differs from the job title on the predecessor company’s employment statement? In determining whether the job offer is the same as the job offer originally offered on the employment statement, the judges examine the job responsibilities of the position to determine if the job is still the same. Changes in job title and other supplemental changes, such as B. a change in the computer software used in the job are not in and of themselves inadmissible. In addition, changes in the wage offered due to wage increases that have occurred over time will not affect the determination of whether the job is the same.

What is a “request for additional evidence”? Sometimes, USCIS is not satisfied that the applying category of aliens has fulfilled the burden of proving that an applicant qualifies for the category. In such cases, they typically file a “Request for Additional Evidence” or “Request for Evidence (RFE)” to look for specific evidence that USCIS finds deficient. An applicant should take great care to present a strong case so that it can be approved without requiring additional evidence. Still, there’s no way to predict how a USCIS officer reviewing a particular case will react, and sometimes even the strongest cases receive a “request for additional evidence.” It is important that you respond appropriately and competently to the USCIS-issued Evidence Request because an incorrect RFE response will directly result in the denial of your I-140 application.

Can I file I-140 at the same time as I-485? Yes, USCIS allows the simultaneous filing of a Form I-140 and a Form I-485, Amendment of Status Application. However, only the first three preference groups (EB-1, EB-2, EB-3) qualify for concurrent submission. Additionally, the I-485 can be filed while the I-140 is pending if a visa number later becomes available. The simultaneous filing rule allows USCIS to issue an Employment Authorization Document (EAD) and a probationary travel authorization while the I-140 petition is pending if filed along with the I-485.

If I file I-140 at the same time as I-485, will both petitions be decided at the same time? What if my visa is not current? USCIS has stated that the decision on a concurrently filed Form I-140 is not dependent on the decision maturity of the Form I-485. The guidelines allow the USCIS to adjudicate and approve the visa applications separately in cases where a visa is no longer available after the concurrent filing. In these cases, the I-140 visa application is approved and the I-485 application is suspended until a visa number becomes available.

In the event of an I-485 repeal, can I file EAD and/or AP after I-140 approval? Yes. In the case of I-140 and concurrent filing, applicants are eligible to request interim benefits such as a work permit and early parole while the I-485 application is held in abeyance.

What are the main advantages of simultaneous filing? There are several advantages of filing I-140 and I-485 at the same time, here are the main ones: File I-485 earlier: You, your spouse and your unmarried children under the age of 21 can file your I-485 applications (i.e. green card applications ) file an I-140 Immigrant Petition for Alien Worker at the same time as your employer or you. (Typically, the employer files the I-140, but you can file your I-140 yourself under certain categories, such as children, filing your I-485 while a previously filed I-140 is pending, Permit to Work (EAD), and travel documents Obtaining (AP): When filing your (and your family members’) I-485, you can also apply for Employment Authorization Documents (EADs) and Travel Documents (AP).The availability of an EAD is a great advantage for spouses who otherwise would not be able to legally work (d. h. für Ehepartner, die noch kein H-1B, O-1, J-1 usw. haben). Advance Parole kann ein großer Vorteil für diejenigen sein, die sonst nicht reisen könnten (z. 1B-Visum. Kann den Job möglicherweise früher verlassen: Ein EAD für den Hauptbegünstigten bedeutet nicht unbedingt, dass Sie Ihren aktuellen Job aufgeben können, aber in Verbindung mit der Übertragbarkeitsbestimmung kann der Begünstigte eines ausstehenden I-485 seinen aktuellen Arbeitgeber verlas sen und eine neue Stelle in derselben oder einer ähnlichen Berufsgruppe annehmen, nachdem das I-485 seit mindestens 180 Tagen anhängig ist. Bitte beachten Sie jedoch, dass viele Probleme im Zusammenhang mit der Übertragbarkeit noch ungelöst sind, sodass Sie sehr vorsichtig sein sollten, bevor Sie Ihre derzeitige Position verlassen. Wenn Sie zu früh gehen, kann Ihr (und das Ihrer Familienmitglieder) I-485 (und alles andere) am Ende abgelehnt werden. Andererseits können Sie in einigen Sonderfällen (z. B. Aliens of Extraordinary Ability oder National Interest Waiver) Ihren Arbeitgeber möglicherweise sogar verlassen, bevor das I-485 eingereicht wird. Probleme bei einem Jobwechsel sind jedoch kompliziert, daher ist es wichtig, sich vor dem Verlassen Ihres Jobs gut rechtlich beraten zu lassen, bevor Sie Ihre Green Card erhalten.

Updated April 27, 2022

Maybe you’re living the American dream with your H1B visa, but you’ve found a new, better employer who’s giving you an opportunity you can’t resist. You’ve already established that you can make an H1B transfer and change jobs, but you might be wondering how likely it is that your H1B transfer will be declined? Or maybe you’ve already received your rejection and are now wondering what to do next. Maybe we can help.

Difference between an H1B denial and an H1B denial

Before we go into the possible reasons for your H1B transfer being rejected, it is important to understand the difference between rejection and denial.

When you submit your application to United States Citizenship and Immigration Services (USCIS), a USCIS officer will review your documentation to ensure everything is in place. She will check whether you have provided all the necessary information and documents and paid the necessary fees. If something is missing, your application will be rejected.

Thereafter, the USCIS officer will evaluate your case to determine if you and your employer meet the requirements for H1B transfer. This is done on the basis of the documents and information you have provided. If you do not meet the requirements, your application will be rejected.

A rejection is merely a technical error that can usually be remedied. After correction, you can resubmit your application. However, if your case is denied, the officer does not believe your case merits the H1B transfer. You have to follow other ways to avoid a rejection. An immigration lawyer is the best person to advise you on what to do in the event of a refusal.

But why should your H1B transfer be rejected?

7 Reasons Why Your H1B Transfer Was Declined

After going through the H1B transfer process, there are many reasons why your H1B transfer may be declined. Let’s take a look at the most common reasons affecting both you as an employee and your new H1B visa sponsor.

1. Applicant Requirements

Your new employer is the applicant in an H1B transfer. The petitioner must prove that it is an established company that is actively operating in the USA. It must also demonstrate its ability to hire, pay and provide you with sufficient specialized work as an employee. There is a long list of documents your new employer can provide to prove this, including a real estate lease and photos of the office. If the applicant does not provide sufficient evidence, your H1B transfer will be rejected.

2. You lack specialist knowledge

One of the essential requirements for H1B approval is proof that the position is a specialized occupation that requires special knowledge or at least a bachelor’s degree. You must provide evidence of specialist knowledge that is directly related to the job. Again, there is a long list of documents you can provide to prove your expertise. Your CV and testimonials from previous employers will help you with this. If you cannot show any technical knowledge, you will be denied the H1B transfer.

3. Insufficient proof of the employer-employee relationship

In order to avoid the H1B transfer being rejected, you must also prove that there is a valid employer/employee relationship between you and your new employer. The petitioner must prove that you are managed and controlled by him. If you cannot prove this (which is often the case when you may be subcontracted to another company) your H1B transfer will be denied.

4. Unpaid or Insufficient Fees

That’s pretty self-explanatory. You must pay the required application fees in order for your H1B transfer to be approved. Make sure you have the most up-to-date H1B transfer sign-up fees on hand as these are updated from time to time.

5. Employer cannot pay the applicable wage

To qualify for an H1B transfer, your employer must pay you the applicable wage. The relevant wage is the “average wage paid to employees with the same employment in a specific occupation in the area of ​​the intended employment”. If your employer cannot or will not pay the prevailing wage, your H1B transfer will be denied.

6. Previous violations of the immigration law

If at any time you or your new employer have broken immigration laws, your H1B transfer could also be denied.

Immigration law violations include a situation where you did not have status, did not maintain the required H1B qualifications for your current H1B visa, or committed a criminal offense in the United States.

7. Improper Delivery

This is simply the case of sending your application and payments to the wrong USCIS service center or using an untied delivery service. You must submit one of the official methods. Hand delivery, for example, is unacceptable. Make sure you use the official dutiable delivery services which include UPS, FedEx or USPS.

What to do if your H1B transfer is declined?

What you do after your H1B transfer is denied depends on why your case was denied. You may be able to file another I-129 or correct errors in your previous application or add missing documents.

Your denial letter may contain a statement that makes it difficult to appeal your H1B referral denial. However, you may be able to file a legal request for reopening or review. If so, talk to a qualified immigration attorney.

Check out Stilt’s new H1B database to find an H1B sponsor in your profession or city!

Frequently asked questions about H1B transmission denial

You may still have a few questions about your H1B transfer refusal. Below we answer some of the most frequently asked questions.

Can I continue to work after denying the H1B transfer?

No, you cannot continue working for your new employer after your H1B transfer has been rejected.

You can start working for your new employer as soon as your application is filed with USCIS (your receipt number is proof of this). You can also work for your new employer during the processing of your application until the final decision is made. If your application for H1B transfer is approved, you can continue with your work. But if your H1B transfer is denied, you must stop working for your new employer immediately upon receipt of the denial notice.

If your H1B transfer is denied, you no longer have valid H1B status to be lawfully employed. If you keep working, you run the risk of being classified as “out of status”.

Can you have your H1B transfer denied after LCA approval?

Just because your LCA application is approved does not mean your H1B transfer will be approved. One is not dependent on the other. The LCA is assessed by the Department of Labor, while your H1B transmission is assessed by USCIS. Your H1B transfer can still be denied if your LCA is approved.

Is there an H1B denial grace period?

If your H1B transfer is denied, you have a grace period to find another job or transfer to another visa status. Once your transfer is denied, you may remain in the United States until the departure date shown on your I-94 arrival/departure card.

If you terminate your employment before your H1B expires, a 60-day grace period also applies. You can look for new employment or change your status to a new visa during this period. If all else fails, you have until the end of your grace period to leave the United States.

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Conclusion

Rejecting your H1B transfer doesn’t have to be the end of the road. Keep the most common mistakes in mind and try to avoid them when applying. If you have already received an H1B rejection, you should consult an immigration attorney who can help you correct your mistakes or reopen your case. Don’t let your H1B transfer denial keep you from greater heights and new exciting opportunities.

Do you need a loan? Get one in 3 easy steps

If you are considering applying for a personal loan, just follow these 3 simple steps.

Apply

Apply for the desired loan amount online. Submit the required documents and provide your best possible application. Stronger applications get better credit offers.

Accept

If your application meets the eligibility criteria, the lender will contact you regarding your application. If necessary, provide additional information. You will soon have your loan offer. Some lenders send a promissory note with your loan offer. Sign and return this note if you wish to accept the loan offer.

repay

The loan will then be paid into your US bank account within a reasonable number of days (some lenders only take 2-3 business days). Now you need to set up your repayment method. You can choose an automatic payment method online so you can pay on time every month.

About stilt

Stilt offers loans to international students and US professionals (F-1, OPT, H-1B, O-1, L-1, TN visa holders) at lower interest rates than any other lender. Stilt is committed to helping immigrants build a better financial future.

We take a holistic underwriting approach to determine your interest rates and ensure you get the lowest possible interest rate.

See what others are saying about us on Google, Yelp and Facebook, or visit us at https://www.stilt.com. If you have any questions, email us at [email protected]

USCIS processing times for H1B visa applications can sometimes get very long and some H1B holders may find themselves in situations where they are reaching the 240 day mark and are unsure whether they can work or not. With H1B Premium processing suspended until February 2019, many H1B holders are in a similar situation with delays in processing times. Let’s look at the USCIS 240-day rule in the context of the H1B visa and share details on various scenarios regarding work options, denials, etc.

What is the H1B extension 240 days USCIS rule? What is USCIS’s Guidance for Employers?

According to the USCIS Employee Handbook, the I-129 form allows employers or H1B sponsorship companies to submit renewals for their employees for H1B visa status before their status expires. After submitting H1B extensions while USCIS is processing those applications, employees with pending H1B visa extension applications are authorized to work up to 240 days or until USCIS rejects H1B extension applications, whichever is earlier. This means if USCIS denies your H1B renewal application before 240 days from the date your previous H1B application or I-94 expired, you must stop working immediately and leave the country. Alternatively, if your H1B petition decision has been pending with USCIS for 240 days, you may continue working for up to 240 days from the expiration date of your previous petition or I-94. Below is the official reference text from the Employer Handbook on the USCIS website. The “240 days from the end of the authorized stay” are expressly not recorded. To clear this up, let’s now look at the official regulation.

H1B renewal pending for more than 240 days – when does it start? Official regulation?

The official regulation for the 240 day rule is published in the Federal Register as 8 CFR 274a.12(b)(20) and the text says much the same as above but specifically states when the 240 days begin. As you can see in the following screenshot of the regulation, it states that an H1B holder with a pending renewal request can work up to 240 days from the date of authorized status expiry, which is basically the expiry date of your previous H1B request or I – 94

If your application for renewal is denied before 240 days, your work permit will end immediately upon notification of the decision and you will have to stop working and leave the country. See below screenshot from the Federal Register: highlighted in yellow indicates the work rule, highlighted in green indicates the text for the start date for 240 days, highlighted in red indicates the rejection rule.

H1B 240 Day Rule – Regulation Text

Conditions allowing H1B holders with pending renewals to work for 240 days?

Below are the required conditions for H1B holders to take advantage of the 240-day rule:

The H1B holder must be in valid status while submitting the renewal request.

The employer/H1B sponsor must submit the H1B renewal request well in advance of current status expiration…USCIS must also receive the same request well in advance of status expiration.

The H1B holder continues to work for the same H1B employer who requested the extension.

H1B Renewal Pending Over Or After 240 Days – Can You Stay In The US?

If your H1B visa extension application is pending with USCIS for more than 240 days, after 240 days from the expiration of your I-94, you may no longer work under the regulations, but you may remain in the country, USA, and await the decision, until USCIS makes a decision on your application and your stay after 240 days is considered an approved stay.

H1B renewal declined after 240 days? Am I in unauthorized presence?

If your H1B application is denied after 240 days, your permitted period of stay will end substantially on the date your denial decision is made and you are notified by USCIS on the same date. You essentially no longer have status and will be unlawfully present from the day of your refusal. Your unlawful presence does not extend throughout your stay and only begins and is due on the date of your USCIS denial decision. So you must leave the US immediately after you have been notified of your refusal decision.

Does the 240 day rule apply to H1B transfers? Can you work more than 240 days?

No, the 240-day rule does not apply to H1B transfers. It only applies to H1B extensions filed with the same employer. If your H1B transfer request was filed in a timely manner (before the expiration of I-94) and is pending for more than 240 days, you can continue to work after 240 days, as the 240-day H1B rule does not apply in this context. You will be deemed to be in the period of authorized stay, which means you will not suffer any unlawful attendance. If your H1B is denied anytime after 240 days or before 240 days, your work permit will expire on that day and you will have to stop working and leave the country.

What can you do to avoid complications with the 240-day rule? Apply early, file USCIS requests

It is recommended to apply for H1B extensions early. You can apply for H1B visa extensions 6 months before they expire, so plan ahead and apply.

Employers can file a request with USCIS if their petition is pending for 210 days or more. You can call the USCIS contact center and provide details of the original notification of receipt and that the case has been pending for over 210 days for USCIS to work on. Here is the official USCIS alert for 210 days of investigation

frequently asked Questions

Does the 240-day rule also apply to L1 petitions? Yes, it applies to anyone using Form I-129 like L1. When does the 240 days begin? The 240 days begin on the day your approved length of stay expires, which is nothing other than the end of your I-94 date or the approval date of your approved application. Does the 240-day rule apply to renewals and changes? In general, the 240-day rule applies to pure extensions. If changes are added as part of your renewal, you may be eligible to continue working after 240 days. So check with your attorney. Which visa holders can use the 240-day rule? All visa types that can use the 240-day rule are: H1B, H1B1, H2A, H2B, H3, L1, O1, O2, P1, P2, P3, R1, TN, A3, E1, E2, E3, G5 , CW1 and I. Does the 240 day rule apply to H1B, L1 transfers? No, the 240-day rule does not apply to submitted transfer requests.

Every H1B case is different and complications can arise with constant changes in visa regulations. It is recommended that you discuss your situation with your solicitor when dealing with the 240 day rule.

What is your experience with the 240-day H1B rule?

References: USCIS Employers Hand Book H1B Extensions, H1B Extension 240 Day Rule – Regulation.gov

H1B Receipt Notification: Frequently Asked Questions for Applicants

Once an H-1B visa has been submitted, the applicant must eagerly await to hear if their petition beat the odds and was selected in the H1B visa lottery. The good news comes in the form of the H1B receipt notification.

We look at some of the frequently asked questions about the H1B receipt and what it means for the application as a whole.

What does the H1B acknowledgment of receipt mean?

H1B petitions subject to the visa cap will be randomly drawn by USCIS as part of the H1B visa lottery. Selected petitioners will then receive an H1B receipt notification from USCIS indicating that the H1B petition is moving to the next phase.

The H1B Receive Notice, also known as the I-797 Receive Notice, does not mean that your visa has been granted, but that you have made it to the next step – the H1B grant.

How long does it take to get a receipt from USCIS?

Specific times vary by year.

In general, select premium processing petitions should expect to receive the H1B notification email within approximately 1-3 weeks after the visa cap has been reached – this is typically within a few days of the annual H1B window opening April.

With regular processing, the dispatch takes place by post approx. 3 – 6 weeks after the window closes.

Receive notifications for the Masters quota are usually sent first, followed by the regular quota.

Petitions not selected by the lottery will be notified at a later date after the selected petitioners have been notified and all H1B receipts have been mailed. Non-selected petitioners will have their application package refunded along with any processing fees associated with the application, including the premium processing fee, if elected.

What is the difference between priority and standard processing?

The cost difference relates to the accelerated processing of the application.

Upon award processing, the employer (or designated attorney) will first receive the H1B acknowledgment of receipt by email, followed by a printed copy in the mail.

The regular processing of the H1B only includes the postal notification, so the processing takes about two weeks longer than the premium processing.

When is the registration fee due?

The filing fee will only be collected (ie checks cashed) if the petition to which it relates has been selected in the lottery.

In some cases, checking your bank statement in the regular process can sometimes be an earlier indication of lottery selection than waiting for the receipt notification in the mail.

What happens after the H1B receipt notification?

Once the H1B receipt notices are distributed, USCIS begins the visa approval process.

If there are no problems with the application, e.g. For example, if no RFE is issued, applications for premium visas can be approved as early as mid-May to early June. RFEs granted at this point will result in the processing period being effectively reset.

Regular petitions should receive either a decision or RFE starting June 1st.

How can I check the status of my petition?

Your receipt notification includes a receipt number. It is a 16 character alphanumeric reference that you will need to be able to check the progress of your petition. The H1B visa status tracking system is available on the USCIS website for H1B applicants who have submitted their H1B visa application.

There are several status indicators, including:

Case has been received and notification of receipt has been emailed Your petition has been selected and your employer or attorney has been notified via email via the Premium Handling Service.

Your petition has been selected and your employer or attorney has been notified via email under the premium processing service. Case Received Your case is with USCIS and a printed copy of the acknowledgment of receipt has been sent to your employer or attorney. If you have upgraded to Premium, the notification will also be sent via email.

Your case is with USCIS and a printed copy of the acknowledgment of receipt has been sent to your employer or attorney. If you have upgraded to Premium, the notification will also be sent via email. Request for Additional Notice of Evidence Has Been Mailed An RFE has been mailed to your employer or attorney. A reply with additional information or documents is required before the specified deadline, otherwise your application will not be processed.

An RFE has been sent to your employer or attorney. A reply with additional information or documents is required before the specified deadline, otherwise your application will not be processed. Response to USCIS Request for Evidence Received All requested information in the RFE has been received by USCIS and your request is being adjudicated.

All requested information in the RFE has been received by USCIS and your request is being adjudicated. Case Approved and My Decision Emailed As part of premium processing, your visa has been approved and the decision emailed to your employer or attorney.

As part of the award processing, your visa has been approved and the decision has been emailed to your employer or attorney. Case Approved As part of normal processing, your visa has been granted and a printed notification has been mailed to your employer or attorney.

As part of the regular processing, your visa has been granted and the printed notification has been mailed to your employer or attorney. Fee is refundable This does not necessarily mean that your application has been rejected. Contact your employer or attorney to confirm the details behind this status. it could be that unnecessary fees were paid and subsequently refunded.

This does not necessarily mean that your application has been rejected. Contact your employer or attorney to confirm the details behind this status. it could be that unnecessary fees were paid and subsequently refunded. Notification of decision by mail The petition was rejected. Your employer or lawyer has been notified. The reasons for rejection and legal remedies are included in the decision.

H1B Visa Transfer and Change of Employer

Timelines for transferring H1B status to a new employer can be difficult to decipher, not least because USCIS time frames differ and whether premium processing is actually available.

The date of “filing” can be proven with the printed USCIS receipt, the delivery confirmation from FedEx or UPS.

Technically, a person with valid H1B status can start working for a new employer on the day that USCIS receives their application for H-1B transfer from their new employer, which is prior to receiving actual approval of their H1B application start.

To do this, they must not be employed without authorization and must have entered the United States lawfully. However, this is not always advisable in the circumstances and a more cautious approach, awaiting formal approval of the application, may be more appropriate. Get advice on your case to make sure you don’t get caught by the rules.

What if USCIS denies H1B transfer after starting new employment?

Should USCIS deny the request to transfer H1B status to a new employer, the employee must stop working immediately. Your license to legally work in the United States will terminate immediately. Without legal status, you must leave the United States.

Updated April 27, 2022

H1B visa status is granted to immigrants in the United States seeking professional work. It allows employers to temporarily hire foreign professionals in the United States.

Both parties, i. H. the U.S. employer and prospective employee should comply with Department of Labor Standards regulations in order to obtain them. But what happens if an H1B visa holder wants to transfer or change employers?

Can an H1B be transferred to another employer?

Yes, H1B visa holders have the right to transfer to another employer. Additionally, the employee with HIB visa status does not need to seek permission from their employer.

However, the employee must fulfill their contractual and competition law obligations before moving to another employer.

In order to transfer an H1B visa to another employer, the employee must first obtain an LCA, i.e. H. submit a working conditions application. Second, they should gather all the required documents (see below) and fill out Form I-129, the USCIS Petition Letter. Finally, the petition letter must be submitted to USCIS.

Thereafter, after due consideration, USCIS will either approve or deny the application.

Check out Stilt’s new H1B database to find an H1B sponsor in your profession or city!

H1B Transmission Requirements

For an H1B visa transfer, the H1B status holder must meet certain transfer requirements. These are:

The H1B visa holder’s new employer must file an H1B visa transfer application with USCIS. The employee cannot do this on his behalf.

The employee must not have violated their visa status or performed any illegal activity in the United States.

The application to USCIS should be submitted prior to the end of the current term of employment.

The employee can work at their new job beginning on the date specified in the H1B transfer application filed with USCIS. The employee can start work as soon as the new employer receives the USCIS receipt.

However, it is in the employee’s best interest not to work at their new company until the transfer has been approved in writing.

Award processing must be requested if the employee stopped working with the old employer prior to the H1B visa transfer.

The employee applying for an H1B visa transfer is required to provide various supporting documents.

H1B Transfer Documents

All immigration actions require the parties involved to provide certain supporting documents in order for the bureaucratic process to begin. H1B visa status transfer is no exception. Both the new employer and the employee applying for an H1B visa transfer must provide certain transfer documents listed below:

Documents to be submitted by the H1B visa holder

U.S. visa and, in certain cases, forms I-797 and I-94

CV of the employee

Payslips proving employment status (or a letter from employer)

University degree and certificate

letter of recommendation

Academic Assessment

Documents to be submitted by the new employer

A letter detailing the new position, job title and salary, signed by both the employer and the H1B visa holder

Company marketing materials

Annual accounts, annual reports and business plans of the company

Documents supporting a detailed description of the employer’s responsibilities and duties

Cap-exempt employer with cap

Employees who previously held an H1B visa and are currently outside the United States may ask their employer to submit an H1B application for a waiver from the cap. They must demonstrate that they have had H1B status in the US within the past six years to qualify.

Thus, if they are transitioning from a cap-exempt to a cap-dependent employer, they must enter the H1B cap lottery, which USCIS runs if it receives more than 65,000 cap H1B visa applications within the first five days.

Most people believe that they can avoid the lottery process by first entering the US through a cap-exempt employer and later switching to a cap-affected employer. However, this is not the case as the new employer must file Form I-129. The H1B visa transfer application is submitted as a cap if your new employer is not exempt from the cap.

Documents for H4 Visa Spouses or Minors

If they have a spouse and/or minor children under the age of 21, they must apply for an H4 visa to enter the United States. With an H4 visa, holders are granted entry into the United States for the same period of time as the primary visa holder (i.e., the employee or worker in this case).

H4 visa holders receive various benefits such as: B. the opportunity to study in the USA without necessarily having to have a foreign residence, no restrictions on leaving and returning to the USA and the advantage of an EAD, d. H. an employment authorization document.

To qualify for the EAD card, the primary H1B holder must file Form I-140 and have it approved by the USCIS. If the H1B holder transfers employers during this period, the H4 EAD visa will not be renewed until I-140 is approved.

H1B visa transfer costs

Aside from any attorney fees, there are other mandatory referral fees imposed by USCIS on employers, once per beneficiary. These include:

A basic Form I-129 filing fee of $460

Fraud detection and prevention fee of $500

ACWIA training fee from $750 to $1,500 depending on the number of employees

If there are more than 50 employees, the public service fee is US$4,000

$1,225 Premium Processing Fee (subject to suspension)

H-1B Visa Transfer Premium Processing

The H1B visa transfer process can be expedited with premium processing; An additional fee of $1,225 for premium processing expedites the USCIS decision to within 15 days of filing.

However, premium processing does not guarantee that the H1B visa transfer will be authorized. It can still be rejected if discrepancies are found. If the employee transfers from a cap-exempt employer to a cap-exempt employer, the employee must undergo the H1B lottery process.

Premium processing cannot help undermine the H1B lottery process, nor does it guarantee that a petition will be selected in the lottery selection process.

It should also be noted that bonus processing does not allow the employee to change their employment date.

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Final Thoughts

In short, H1B visa transfers allow an employee to transfer from one employer to another if the appropriate procedures are followed and the transfer application is filed with USCIS.

You should not resign from your current position until the transfer request has been approved. You must wait at least four to eight weeks after submitting your application for USCIS to process your application. The H1B referral process is also affected by your place of employment and the closest USCIS processing center.

Do you need a loan? Get one in 3 easy steps

If you are considering applying for a personal loan, just follow these 3 simple steps.

Apply

Apply for the desired loan amount online. Submit the required documents and provide your best possible application. Stronger applications get better credit offers.

Accept

If your application meets the eligibility criteria, the lender will contact you regarding your application. If necessary, provide additional information. You will soon have your loan offer. Some lenders send a promissory note with your loan offer. Sign and return this note if you wish to accept the loan offer.

repay

The loan will then be paid into your US bank account within a reasonable number of days (some lenders only take 2-3 business days). Now you need to set up your repayment method. You can choose an automatic payment method online so you can pay on time every month.

About stilt

Stilt offers loans to international students and US professionals (F-1, OPT, H-1B, O-1, L-1, TN visa holders) at lower interest rates than any other lender. Stilt is committed to helping immigrants build a better financial future.

We take a holistic underwriting approach to determine your interest rates and ensure you get the lowest possible interest rate.

See what others are saying about us on Google, Yelp and Facebook, or visit us at https://www.stilt.com. If you have any questions, email us at [email protected]

If you have been selected in the H1B registration lottery and applied for an H1B petition in the last H1B visa season 2022, you will have many an acknowledgment of receipt. When you check H1B case status online, you may see different statuses like case has been received, name has been updated, etc. You may not fully understand all these status meanings. This article aims to clarify the meaning of each of these H1B case statuses and explain the complete process of each.

H1B registration confirmation number for case tracking

If you are selected in the H1B Registration Lottery, the registration selection notification will include a beneficiary confirmation number. You cannot use this number to track your H1B on the USCIS website. This number is for internal reference only and for conducting the lottery. The USCIS case number has a specific format and the beneficiary confirmation number does not follow it. So don’t try to check the USCIS website online and be confused.

H1B case receipt number – check online

After an applicant is selected in the H1B registration lottery, the company or H1B sponsor must file an H1B petition with USCIS on Form I-129. After the H1B application is properly filed, USCIS will send an H1B receipt notice to the employer/attorney stating that the application was properly filed and timely. The H1B receipt notification would have a case number and can be used to track the status of the H1B petition. You can read the article: How to Check USCIS Case Status Online which gives the details on how to track case status on USCIS.gov case status website

What is the H1B case number? Processing ?

The H1B receipt number is a 13-digit alphanumeric string assigned by USCIS. It usually starts with EAC or WAC. You can read Understanding H1B Case Number Details for more information. For a full understanding of how each H1B petition is processed at USCIS, you should read the H1B Processing Steps article in the USCIS Adjudication Center.

Also, USCIS has historically assigned many statuses such as acceptance, initial review, decision, post-decision activity, etc. Some of these have changed with the new system this year. To get an idea of ​​the history and status of the past, you can read H1B Old Case Statuses and Flow. The information below corresponds to the latest H1B statuses available on the USCIS website for an H1B petition.

Various H1B case statuses on the USCIS website

Below are the different case statuses that you will typically find on the USCIS website when you check the case status on the USCIS website.

The case has been received and a receipt email has been sent

case was received

Request for additional notice of evidence has been sent

Response to USCIS Evidence Request Received

The case was approved and my decision was emailed

case was approved

decision notification sent

Error: The application’s receipt number is invalid

Name has been updated.

Fees will be refunded

Cancellation confirmation has been sent

The case has been transferred and a new office is in charge.

Let’s consider each of them in detail

H1B Case Status Text – Form I-129 Petition for a Nonimmigrant Worker

If you notice any of the H1B status texts below, they would all read “Form I-129, Petition for a Nonimmigrant Worker.” The reason for this is that if you were filing an H1B petition with USCIS, you would be using Form I-129, which is why you see the status text to indicate the form number. USCIS does not explicitly report the status of the H1B visa application because Form I-129 is also used for other types of visas. It can be confusing when all visa types are entered there, so USCIS intentionally does not include an H1B and only states the form type. Your receipt notification would say “Class Requested” as shown in the screenshot below, indicating that this is an H1B petition.

H1B I-797C Case Receipt Notice – Class Request shows H1B

The case has been received and a receipt email has been sent

USCIS sends receipt notifications via email to applicants when they have submitted their H1B petition as part of award processing. The H1B case status of “Case has been received and a receipt has been emailed” tells us that the petition with that case number has been submitted to USCIS under premium processing. An acknowledgment of receipt with case number and processing details has been sent to the solicitor/employer’s email. Below is the screenshot for the described status.

H1B Case Status – Case has been received and a receipt notification has been emailed

case was received

USCIS only sends email receipt notifications for premium processing requests. For H1B petitions submitted as part of regular processing, USCIS mails the notice of receipt. The H1B case status “Case Received” indicates that the petition with that case number was submitted as part of regular processing and USCIS received the same. A paper copy of the acknowledgment of receipt will be sent to the solicitor/employer’s postal address to let them know how it will be processed. Below is a screenshot of the case status described.

H1B Case Status – Case has been received

Request for additional notice of evidence has been sent

If USCIS wants more information on an H1B petition, they will ask for the same information. The H1B case status “Request for Additional Evidence Notice was mailed” indicates that USCIS would like more information. As part of the H1B petition decision-making process, the USCIS Arbitrator of that petition with that specific case number needs additional information in order to make a determination on the case. The Adjudicator has issued a Request for Additional Evidence notice, commonly referred to as an RFE (Request for Evidence).

The employer/attorney will receive an RFE notice from USCIS detailing what documents they must submit to proceed with the case. It has an expiry date and the employer/lawyer must respond to this request by that date. USCIS will NOT process this specific case until they receive a response from the employer/attorney with the requested information. Below is the screenshot of the described status.

H1B Case Status – Notification Requesting Additional Evidence Sent

Response to USCIS Evidence Request Received

After USCIS receives a response to the RFE, they will update it in their online system for the H1B case. This H1B case status Response to USCIS Request for Evidence Was Received is the same. The status only tells us that USCIS received the response to the RFE notice issued on the specific case with that case number from the employer/attorney.

The employer/attorney’s response may consist of either documents or other supporting materials requested by USCIS in support of the H1B petition. When your petition is in this status, it means that USCIS will begin processing the case once it receives the requested documentation. The status also tells the petitioner when to expect a decision/update on the case. Check the following screenshot for the RFE response status.

H1B Case Status – Response to USCIS Evidence Request Received

The case was approved and my decision was emailed

If you apply for Premium, you will usually be informed by email. This H1B case status, Case Approved and My Decision Emailed, indicates the approval decisions that will be emailed to the attorney/employer. This case status only appears for H1B claims submitted in premium processing. Below is the screenshot of the status.

H1B Case Status – Case has been approved and my decision has been emailed

case was approved

The H1B case status “Case has been approved” is self-explanatory. It states that the H1B petition has been approved with this particular case number and they plan to mail the approval letter to the employer/attorney. This case status is only displayed for petitions submitted as part of regular processing.

H1B Case Status – Case has been approved

decision notification sent

Not every H1B application is approved. Typically, USCIS issues an RFE and then reviews the evidence before making the final decision. If USCIS is not satisfied with the supporting evidence of your petition, it will deny the H1B petition and the case status will show as “Decision Notice by Mail.” Your employer will receive a notice explaining why the application was rejected and they can act according to the instructions if they wish to challenge the decision by providing additional documents etc. Below is how it looks like.

H1B Case Status – Postal Decision Notice

The application receipt number is invalid

Error H1B case status entry on USCIS website

If you do not enter a valid 13-digit H1B case receipt number, you will receive the error message above on the USCIS case status website stating that the claim receipt number is invalid. It just means that you either took the receipt number incorrectly from your employer, or typed it incorrectly in the field…or maybe your employer didn’t give you the correct case number. Below is the error screenshot.

This is one of the very confusing statuses that the USCIS online system displays when there is activity happening in your case. The H1B case status “Name has been updated” can be very confusing and misleading at times. It may actually be that the name has been updated due to a typo, but that’s not always the case.

It definitely means that some activity is taking place in your case and your case is being processed by USCIS. There is a perception among users that this status will result in a rejection/RFE, but this is not necessarily true. So if you see something like this status, it is best to contact your employer/lawyer to further review your case. No need to panic or be confused. It looks like below

H1B Case Status – Name has been updated

The fee receives the status “Refunded”.

One of the other statuses that some of the H1B applicants are seeing is that the fee is refunded. This means that the employer/attorney charged additional fees that are not required and USCIS is refunding them. This can be for a variety of reasons related to H1B fees. As you can see below USCIS would advise that this will not affect the processing of the case so don’t panic if you see this work with your employer it will be fine.

H1B case status – the fee will be refunded

Cancellation confirmation has been sent

If your H1B employer plans to withdraw your H1B petition, or for any reason you believe you do not want to work for the company and are leaving the job, then your employer would withdraw your H1B petition from USCIS. It’s not really an automatic process, your employer has to request it. If your H1B case number shows the I-129 petition status “Confirmation notice of revocation has been sent” below, that means your H1B has been revoked by your employer and USCIS is certifying that with the status.

H1B Case Status – Cancellation Confirmation has been sent.

The case has been transferred and a new office is in charge

Depending on the volume of H1B petitions received and the processing times at a service center, they are moved to other locations to expedite processing or to even out the overall processing load. If your H1B case has been moved to another location for any of these reasons, you will see a status like below. It indicates the date the petition was transmitted and when you can expect a physical copy of the notice indicating this. It doesn’t really change anything about the way it’s decided, it’s just to even out processing times, no need to worry.

H1B Case Status – Case has been transferred and a new office is responsible

Did you notice other statuses of your petition? Any other thoughts to share?

Check out the next article which describes the expiration of the above statuses after the H1B Visa Lottery status expiration