Procedures and Timeline for H-1B Transfer Applications

To determine if an H-1B transfer is possible, OIS 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

  1. Hiring department contacts Jackie Bangs to verify that an H-1B transfer is viable 
  2. Hiring department and prospective employee complete the H-1B transfer application and send it to OIS 
  3. OIS conducts wage surveys
  4. OIS contacts department with instructions for posting the Labor Condition Application and sends partial draft of department letter to USCIS
  5. Hiring department completes letter to USCIS and returns it to OIS 
  6. OIS prepares I-129 petition for transfer of H-1B status and submits it to USCIS
  7. USCIS sends receipt notice (I-797) to OIS 
  8. USCIS sends approval notice (I-797) to OIS; 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 authorizationneeded 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 OIS advisor before the H-1B beneficiary leaves the country.