How do I "transfer" to a different H-1B1 employer?

I am a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans.  My California State Bar record can be found here.  Feel free to connect with me on Linkedin.

Singaporeans working on H-1B1 status for their current company ("Company A") often ask the following question if they are thinking of joining another company ("Company B"):

How do I "transfer" to a different H-1B1 employer?

When a Singaporean on H-1B1 status working for Company A is thinking of joining Company B on H-1B1 status, there are two mechanisms available to choose from:

#1.  U.S. Embassy in Singapore (new H-1B1 visa application).  Depart the U.S. and visit the U.S. Embassy in Singapore  to apply for a new H-1B1 visa under Company B to be embossed in the passport.  You may start working for Company B on H-1B1 status upon being admitted into the U.S. on your new H-1B1 visa.

#2.  USCIS in the U.S. (H-1B1 change-of-employer petition).  Remain in the U.S. and have Company B timely file a change-of-employer petition (which should also contain a request for extension of H-1B1 status) with the USCIS.  There is no premium processing available to expedite the process, and you can only start working for Company B upon approval of the petition.  Also note that should you depart the U.S., you will still need to apply for a new H-1B1 visa under Company B (via #1 above) before returning to the U.S. [since you need a valid U.S. visa inside your passport in order to be admitted into the U.S. from overseas].

Cautionary note:  Regardless of #1 or #2, because your existing nonimmigrant H-1B1 status is tied to your existing employment, the termination (and its timing) of such employment has implications on your existing H-1B1 status.  Therefore, it is important for you to consult with an experienced H-1B1 immigration attorney before making a decision on when to resign from Company A. 

Let me summarize the above using the chart below.

	Mechanism #1. U.S. Embassy in Singapore	Mechanism #2. USCIS in the U.S.
Short Description	Depart the U.S. and visit the U.S. Embassy in Singapore  to apply for a new H-1B1 visa under Company B to be embossed in the passport.	Remain in the U.S. and have Company B timely file a change-of-employer petition (which should also contain a request for extension of H-1B1 status) with the USCIS.
Certified LCA from Company B Required?	Yes.	Yes.
USCIS Fees Payable?	No.	Applicable USCIS Fees as follows: USCIS I-129 Fee: $460 USCIS ACWIA Fee: $750 (if 25 or less employees) or $1500 (if more than 25 employees)   The above USCIS fees must be paid by the Company B.
MRV Fees Payable?	Yes. MRV Fee is $205 (previously $190) for the visa application at the Embassy.	Not applicable
Does it result in a valid H-1B1 visa inside the passport?	Yes.	No.  Therefore, if you subsequently depart the U.S., you are required to obtain a valid H-1B1 visa embossed in your passport through Mechanism #1 in order to enter the U.S. again.

Need to depart the U.S.?

Yes.

No.

When can the Singaporean start working for Company B on H-1B1 status?

The waiting time really depends on how swiftly you can obtain an available interview appointment slot in Singapore (which is normally a substantially shorter waiting time compared to USCIS processing times as described in the right column) The Singaporean can start working for Company B on H-1B1 status upon being admitted into the U.S. on the new H-1B1 visa.  (Please make sure start date of LCA is not later than the first day of work)

The Singaporean can start working for Company B on H-1B1 status only upon approval of the change-of-employer petition by USCIS.  (This is because regular H-1B portability rules do NOT apply to H-1B1 petitions) Note that there is no premium processing available to expedite the case.  (Current USCIS processing time is between 2 to 4 months if there is no Request for Evidence)

Again, since termination of your employment with Company A can have implications on your current H-1B1 status, you should consult with an experienced H-1B1 immigration attorney before you tender your resignation.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice.