TRANSFER OF THE H-1B STATUS
Individuals currently in the U.S. in H-1B status may choose to change employers. This is known as a “transfer” of status. A transfer of the H-1B status requires that the new employer file an H-1B petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the prospective employee. RBHS hiring units and prospective H-1 employees should keep the following in mind when considering a transfer to RBHS:
• The H-1B employee must not resign from their current employment prior to RBHS filing its own H-1B petition. The H-1B status does not have any type of grace period. Therefore, an H-1B employee that resigns from their current position prior to RBHS filing its own H-1B petition would be considered to be in violation of his/her H-1B status. RBHS hiring units are advised to work closely with the International Services office to ensure that there is no gap in the foreign national’s employment.
• The H-1B employee is allowed to begin his/her employment with RBHS once the OIS has filed the H-1B application, and provided that the OIS has received a receipt notice from the USCIS. It is not necessary to wait for application to be approved in order for the foreign national to begin his/her employment at RBHS. The employment with the new employer may continue for a period of 240 days while the application is being processed by the USCIS.
• Time spent in H-1B status with another employer counts towards the 6 year maximum allowed in H-1B status. H-1B employees can become eligible for another 6 year of H-1B status once they spend a minimum of 12 months outside the U.S.
• The application process for transfer of the H-1B status is the same as the application process for initial H-1B status. RBHS hiring units requesting a transfer of status for a prospective employee must refer to the International Services H-1 Application Process.
• Transferring from one RBHS department to another does not constitute a “transfer” of the H-1B status. Interdepartmental transfers fall under the “change in previously approved employment” category. Please contact the OIS for guidance on this issue.