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H1B Visa Transfer Premium Processing: A Brief Explanation
April 19, 2022
4 mins
Flag of the United States, visa application form with a pen , specs and a passport are on the wooden table

In this article, we have discussed:

  • H1B Transfer Premium Processing.
  • H1B Transfer Premium Processing requirements.
  • How to file a request, processing time, & processing fee.

One of the biggest reasons for the H1B visa being so popular is that it allows H1B holders to change their jobs any number of times as long as the visa is valid. Known as the H1B Transfer, the process is quite similar to obtaining the original H1B visa. If you want to change jobs while your H1B is still valid, you need to find another employer willing to sponsor your H1B. Your new employer must file the H1B Visa Transfer petition with the USCIS on your behalf. Here again, the Premium Processing option is available to help you expedite the transfer process. How does Premium Processing work for an H1B Transfer? Before finding the answer, do familiarize with all the process of H1B Visa.

H1B Visa Transfer Premium Processing: the Way it Works

The H1B Transfer takes as much time as any other process with the H1B visa, and it is driven by factors like:

  • Documents submitted.
  • Case status.
  • Time of the year when it was filed.

The Transfer petition, however, does not come with a Service Level Agreement. Fortunately, Premium Processing comes in handy for those looking to expedite the process with an SLA. All H1B Transfer petitions filed under Premium Processing with the USCIS are guaranteed to be processed within 15 calendar days.

If the processing is not complete within this stipulated time, the USCIS will refund the Premium Processing fee but continue the process.

There are two important points to note with Premium Processing:

  1. It does not, in any way, guarantee your H1B Transfer approval.
  2. The USCIS will reject or deny any application if it does not fulfill the required criteria or finds any discrepancies.

IS H1B Transfer Premium Processing popular amongst H1B holders looking for a new employer? It most certainly is. But why? The answer is obvious. With the H1B Transfer process completed in just fifteen days, you can start working for your new employer instead of waiting several months.

H1B Transfer Premium Processing Requirements

To fulfill the requirements under H1B Premium Processing, you must ensure that:

  • You are compliant with the laws and have not committed any crimes in the US.
  • You commence working for your new employer only from the date indicated in the petition.
  • You maintain pay stubs as evidence of your work.
  • You submit a letter from your employer.

Once you've fulfilled these requirements, you move on to filing your H1B Transfer petition for Premium Processing.

How to File a Request for H1B Transfer Premium Processing

According to USCIS regulations, you can directly file your H1B Transfer petition under Premium Processing or upgrade to the same after filing your petition with the USCIS. To file a petition under Premium Processing, you must:

  • Complete and sign Form I-907 as per the instructions on the current version of the form. The form is officially called " Request for Premium Processing Service."
  • Attach the required fees and submit Form I-907 and forms I-129 or I-140.
  • Include a copy of your Transfer notice along with your petition for Premium Processing to avoid any delays.

Sometimes, the USCIS may transfer your petition to another service center. In that case, you must submit Form I-907 to the service center that's currently handling your petition. There are no restrictions on who can file the H1B Transfer Premium Processing petition. You, the petitioner, your representative, immigration attorney, or new employer can do it. Please note that your beneficiary cannot sign or file Form I-907. They can only pay your Premium Processing fee.

When the USCIS accepts your Premium Processing, you will receive an email with the USCIS receipt number and a copy of the receipt notice. You can track your H1B Transfer status on the USCIS Case Status website using this number.

Also Read:  The H1B Visa Transfer Process: An In-Depth Explanation

H1B Transfer Premium Processing Time & Fee

Generally, the H1B Transfer Premium Processing time is 15 calendar days. If the processing is not done within this time, the USCIS refunds the fee but continues expediting the process. The 15-day period commences when the USCIS receives your Form I-907, along with the required fee with the correct address location tied to the form. Once the process is complete, the USCIS issues any one of the following notices:

  • Approval notice.
  • Denial notice.
  • Notice of Intent to Deny or NOID.
  • Request for Evidence or RFE.
  • Investigate for misrepresentation or fraud.

If a NOID or RFE is issued, the 15-day clock automatically stops and restarts the day the USCIS receives a response for either notice.

How Much Should you Pay for H1B Transfer Premium Processing?

The H1B transfer Premium Processing cost amounts to $2,500. This fee is paid along with the standard fee for filing the H1B transfer form. Since Premium Processing is optional, it is not mandatory for your employer to make the payment. Most employers, especially small companies, often ask the petitioner to pay the fee themselves.

The Takeaway

The waiting time between submitting your H1B transfer application and finding out if you have been successful can be time-consuming and tedious. Besides, it is not advisable to commence working for your new employer until your receive the Transfer approval from the USCIS because it could reject your petition if it does not fulfill the given criteria. Premium Processing does cost you an extra expense. However, it can help expedite the process and eliminate any potential gaps in your career path.

For more information about H1B Transfer Premium Processing, visit TechFetch H1B website.

**Disclaimer: H1B processes are constantly subject to changes with changing governmental regulations. Please visit the USCIS official website for up-to-date information.

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Article by Techfetch H1B team

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