H-1B Transfers
Procedures and Timeline for H-1B Transfer Applications
To determine if an H-1B transfer is possible, ISFS will first need confirmation that there will be no gaps in employment between the candidate's current job and starting employment at OSU and copies of all H-1B approval notices (a.k.a. form I-797) to confirm that the candidate has not used all of his/her 6 years of H-1B eligibility.
Instructions & Timeline
- Hiring department contacts Jackie Bangs to verify that an H-1B transfer is viable
- Hiring department and prospective employee complete the H-1B transfer application and send it to ISFS
- ISFS conducts wage surveys
- ISFS contacts department with instructions for posting the Labor Condition Application and sends partial draft of department letter to USCIS
- Hiring department completes letter to USCIS and returns it to ISFS
- ISFS prepares I-129 petition for transfer of H-1B status and submits it to USCIS
- USCIS sends receipt notice (I-797) to ISFS
- USCIS sends approval notice (I-797) to ISFS; department completes I-9; employee schedules H-1B check-in with Jackie Bangs
Travel and Premium Processing
While a receipt notice from USCIS represents the work authorization needed for this prospective H-1B employee, an approval notice is required for travel outside the US. The employee will need to apply for an H-1B visa stamp before being re-admitted into the US after international travel. Paying for USCIS premium processing of an H-1B petition may be useful if the prospective employee needs to travel outside the US while the transfer petition is pending (cost = $1,225 payable to the Department of Homeland Security), which shortens the entire processing time to approximately 2 months. Any travel plans should be discussed with an ISFS advisor before the H-1B beneficiary leaves the country.