H1B Transfer Information

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What is the name of your state? DC

I need to transfer my H1B to a new employer based out of Maryland, my present employer is based out of Delaware. My new employer, being a start up, has no idea about H1B or transfers and have asked me to provide them information about the same.

I would like to request to know the following information:
1) What is the procedure for a H1B transfer? Like for ex: are they any specific forms to fill?
2) What supporting documentation should I submit along with my transfer application?
3) Are the set of forms to fill different based on processing type : (ie) premium processing or ordinary processing?
4) Whats the cost associated with transferring H1B based on the processing type?(premium/ordinary)
5) In case I have to choose an independent lawyer to do my transfer, how much would be a reasonable attorney fee for doing this process? (Looking at some average/nominal value)
6) Any other information I need to know?

Please help me with my questions, and thanks for reading.

-Vik

 

[ImmigAttyLana]

1) What is the procedure for a H1B transfer? Like for ex: are they any specific forms to fill?
IT IS VERY MUCH THE SAME AS THE ORIGINAL PETITION THAT WAS FILED ON YOUR BEHALF BY THE ORIGINAL EMPLOYER. THE SAME FORMS AND THE SAME SUPPORTING DOCUMENTATION.
2) What supporting documentation should I submit along with my transfer application?
SAME THING YOU SUBMITTED WITH THE ORIGINAL PETITION EXCEPT FOR THE TRANSFER YOU ALSO NEED TO SHOW YOU HAVE BEEN MAINTAINING VALID H-1B STATUS THROUGH SHOWING YOUR PAYCHECK STUBS.
3) Are the set of forms to fill different based on processing type : (ie) premium processing or ordinary processing?
PREMIUM PROCESSING INVOLVES ONE ADDITIONAL FORM AND ADDITIONAL FILING FEE.
4) Whats the cost associated with transferring H1B based on the processing type?(premium/ordinary) THE COSTS FOR THE FILING WILL BE THE SAME AS WITH THE INITIAL PETITION. IF THE EMPLOYER HAS FEWER THAN 25 EMPLOYEES, IT WILL BE $1440; IF MORE THAN 25 EMPLOYEES IT WILL BE $2190. IF YOU WANT TO GO THE PREMIUM PROCESSING ROUTE, THERE IS AN ADDITIONAL $1000 FILING FEE.
5) In case I have to choose an independent lawyer to do my transfer, how much would be a reasonable attorney fee for doing this process? (Looking at some average/nominal value)
THE ATTORNEY FEES WILL VARY FROM ONE TO ANOTHER. I CAN ONLY GIVE YOU MY OWN FEE STRUCTURE FOR SUCH PETITIONS AND I DO OFFER A SUBSTANTIAL DISCOUNT TO FORUM MEMBERS. IF YOU WOULD LIKE TO DISCUSS THIS IN GREATER DETAIL, YOU CAN CONTACT ME DIRECTLY VIA EMAIL SINCE I DON'T DISCUSS THE FEES ON THE PUBLIC FORUM.
6) Any other information I need to know?
DON'T ATTEMPT TO DO THIS ON YOUR OWN. THE START UP COMPANY NEEDS TO BE ABLE TO SHOW FINANCIAL ABILITY TO PAY YOU THE PREVAILING WAGE AS YOUR SALARY AND OFTEN THIS IS DIFFICULT FOR START UP COMPANIES TO DO. ARE YOU SURE THAT THE EMPLOYER WILL BE ABLE TO DO THIS? IF NOT, THEN THERE MAY NOT BE MUCH POINT IN DOING THE H-1B PETITION SINCE IT IS NOT LIKELY TO BE APPROVED UNLESS THE COMPANY CAN SHOW THE ABILITY TO PAY.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

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Thanks for your prompt response Lana. The start up employer I'm looking to join is presently the client who pays my present employer, so financial ability is not an issue.

I have 2 more questions to ask you:

1) Now that the green card is current, I would like to get that rolling as well as quickly as possible. Can I apply for a green card upon submitting my application for H1 transfer? Or do I have to be employed with any employer for a certain period of time (say 3 to 6 months) before I can start the green card process with the employer?

2) And about hiring your services, I'm going to be talking to my present employer and check if they already have any company attorney or someone in mind. In any case, I would like to know your fee details and the possible discounts you can offer for the filing services premium or ordinary, so that I can table it to them and let them decide? So if you could mail me the fee information for filing, that would be great, or please let me know your email id. My email is [email protected]

Thanks Lana.

-Vik

 

[ImmigAttyLana]

The permanent residence process can start at any time. There is no need for you to work for the petitioning employer at all when the process is started so there is certainly no minimum period of time you have to work before the employer starts the process on your behalf. If the employer wants to, it can start the process even before the H-1B transfer.

As for the other information, I have sent you an email with that.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.