Understanding H-1B Transfer Processing Times: Premium and Regular

Transferring an H-1B visa can be a complex process, and understanding the timelines involved can alleviate anxiety for both applicants and employers. This article provides a comprehensive overview of the processing times for H-1B transfers under both premium and regular processing options.

Premium Processing

Premium processing for H-1B transfers offers a swift and reliable option for those seeking to expedite the visa transfer process. Under premium processing, the maximum time to receive a decision is 15 calendar days from the date the petition is filed, provided no Request for Evidence (RFE) is issued. If an RFE is required, the processing time extends to 15 calendar days from the date of the RFE response, which must be completed within 90 days.

Currently, premium processing for H-1B transfers is suspended until July 27, 2015. However, for future reference, it is important to note that despite any delays, if the decision is not made within the specified 15 days, the premium processing fee will be refunded and the case will continue to be expedited. In cases of high volume or complex cases, this timeline may be slightly extended.

Regular Processing

Regular processing for H-1B transfers does not have a fixed deadline and can vary significantly, typically ranging from 1 month to 1 year. For H-1B transfers submitted under the new employer, the current timeline is around 2 months from the date of filing, with the possibility of delays due to the volume of applications.

For transfers filed under regular processing, the timeline can be more unpredictable. If the petition is filed under regular processing, it may take between 3 to 6 months for a decision. The processing time can be extended significantly depending on the USCIS service center’s workload, particularly during peak filing periods such as May and June, when there is a large volume of applications awaiting processing.

According to the USCIS.gov website, the processing times for H-1B transfers can vary based on the service center. As of the latest updates, the Vermont Service Center generally sees processing times of around 4 to 6 months, while the California Service Center can take up to 6 to 8 months for a decision. In case of an RFE, the employer has 90 days to respond to the request, and upon receipt, USCIS has an additional 15 days to make a decision.

Summary

The processing times for H-1B transfers can range from a minimum of 15 days with premium processing to up to 1 year with regular processing. While premium processing offers a more reliable timeline, it is currently suspended for a limited period. During regular processing, the timeline can vary significantly based on the service center and the volume of applications. Employers and applicants should keep in mind that during peak season, processing times may be extended due to high volumes of applications.

For detailed and up-to-date information on processing times, employers and applicants are encouraged to visit the USCIS.gov website for the latest updates on service center timelines.