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Do I need lawyer for H-1B Transfer?
A frequent question that comes up for foreign nationals that want to apply for an H1B visa position in the US is whether an immigration attorney is necessary. The short answer is no, since technically your sponsor will be taking care of the petition and application process.
Can I hire my own lawyer for H-1B?
Either party can choose and hire the attorney. However, the Dept. of Labor requires that legal fees for the attorney are be paid by the employer.
Who has to pay the attorney fee for an H-1B application?
employers
The Public Law fee only needs to be paid by employers with over 50 employees, and they must have more than 50\% of their employees on the H-1B visa for the fee to be required. Your immigration lawyer can help you clarify which fees apply to you and your company.
What is the procedure for H-1B Transfer?
To transfer an H1B visa to another employer, the employee must first file an LCA, i.e., a Labor Condition Application. Secondly, they should gather all necessary documents (mentioned below), complete Form I-129, the USCIS petition letter. Finally, the petition letter is to be filed with the USCIS.
How do I transfer my H-1B to another company?
In order for the H-1B holder to change employers, the new employer is required to submit an H-1B visa transfer petition with the USCIS. The H-1B visa holder cannot file on his/her own behalf. It is important for the individual to not have conducted any unlawful acts in the U.S. or violated his or her status.
How much does an H-1B transfer cost?
What are the correct filing fees? The new employer has to pay the following filing fees for the H-1B transfer petition: $460 (base filing fee), $500 (fraud detection), and $1,500 (employer sponsorship fee for companies with more than 25 employees). Thus, the total fee for this H-1B transfer is $2,460.
Can employees pay H-1B fees?
The basic USCIS filing fee of USD $460 applies to all H-1B petitions. The department must pay the USD $460 filing fee, but you may require the employee to assume the filing fee for their dependents. There is never an obligation for the employer to pay dependent-related immigration fees.
How much do attorneys charge for H-1B?
Attorney Fees
| Case Type | USCIS Fees | Initial Attorney Fee |
|---|---|---|
| H1B (new) | $460 + $1,500* + $500 (if applicable) | Contact Us |
| Complex H1B | $460 + $1,500* + $500 (if applicable) | Contact Us |
| H1B (transfer, extension, amendment) | $460 + $1,500* + $500 (if applicable) | $1,400 |
| H-4 dependent (with H1B) | $370 | $400 |
Can I work for my current employer after H1 transfer?
A: Yes. You can continue working with your current employer as if you never filed an H1 transfer.
Can I work for old employer after H-1B Transfer?
Do I need an immigration lawyer for my H-1B visa?
The Public Law fee only needs to be paid by employers with over 50 employees, and they must have more than 50\% of their employees on the H-1B visa for the fee to be required. Your immigration lawyer can help you clarify which fees apply to you and your company.
How to apply for an H1B transfer visa?
The process of applying for an H1B transfer visa is as follows: If you are currently working for employer A, you will need a job offer from employer B in the U.S to initiate the H1B transfer visa process. You cannot transfer to another employer if you have not yet been offered the job.
What happens to H-1B when you change jobs?
If the person is currently working on an H-1B visa for one employer (or has worked in the recent past), and when such person changes jobs to another employer, the new employer has to file a new H-1B petition for the employee. Many people, including some immigration attorneys, call this process an “H1 transfer”.
How much does it cost to hire an attorney for H-1B?
H-1B Attorney Fee We charge a flat H-1B visa attorney fee of $2,100, which includes shipping and incidentals but does not include RFE responses, if applicable. In addition, you are responsible for the USCIS filing fees associated with your case.