What are the costs and process for changing my H-1B employer while in the UAE?
NR Asked by NRI User from India
Quick Answer
Changing your H-1B employer while in the UAE involves several costs and steps that you need to be aware of.
Detailed Legal Analysis
Changing your H-1B employer while in the UAE involves several costs and steps that you need to be aware of. The process can vary depending on the specific situation, but here’s a general overview.
- Filing Fees: The employer is responsible for most fees associated with the H-1B transfer. These can include:
- Base filing fee: $460
- American Competitiveness and Workforce Improvement Act fee: $1,500 (for employers with 26 or more employees)
- Fraud prevention and detection fee: $500
- Premium processing fee (optional): $2,500 for expedited processing
- Documentation: You'll need to gather several documents, including:
- Current H-1B approval notice
- Passport copies
- Resume and educational credentials
- New employer's job offer letter
- Labor Condition Application (LCA) approved by the Department of Labor
- Application Process: Steps to follow include:
- Your new employer must file a Form I-129 (Petition for a Nonimmigrant Worker) on your behalf.
- Wait for the adjudication of your petition. If approved, you can move forward with your work for the new employer.
- Timeline: The processing time can vary:
- Regular processing may take several weeks to months.
- Premium processing guarantees a decision within 15 calendar days.
- Legal Considerations: Be aware of the following:
- Your current H-1B status must be maintained throughout the process.
- Consult the Immigration and Nationality Act (INA) for detailed immigration laws.
- Practical Tips: To manage this process from abroad:
- Consider granting Power of Attorney (POA) to someone in the U.S. to handle filings.
- Check with your new employer about their legal team, as they may assist with the process.
- Stay informed through the USCIS website for updates on your petition.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.