H1B transfer process details

showergel

New Member
I am currently in talks with a company who is willing to transfer my H1B. However they are a small company and do not have any experience with the H1 process and also they do not want to incur extra expenses from legal advice.

So it is upto me to guide them through the process and I have to provide them all the necessary information (forms, fees, what steps to take etc). But it is a little difficult to find all the information I need online. I am posting what I have obtained till now, please give me some feedback if it is correct.

The company is a small private tech company with about 35 employees and no H1 employees (till now).

Step 1: File LCA as a non H1B dependent company for a exempt H1b nonimmigrant (the position pays $60k+).
QUESTION: Is there a fee to file LCA? How much?

Step 2: After LCA approval, file I-129 which has a base filing fee of $320.
QUESTION: I-129 says there is an additional fee of $750 or $1500. Which fee applies to this case? Are there any additional fees apart from the ones I have mentioned so far?

Step 3: After I-129 approval, employee can start work.
QUESTION: Does employee have to wait till I-129 is approved or can I start work as soon as I-129 is filed? Normally are there any problems with 129 approval in a case like this so long as all the regulations are followed correctly? How long does it take for 129 to get approved?

Have I missed anything? Any questions or comments? Thank you!!
 
Legal expenses are only part of the cost for an H1-B visa. It is foolish for a company to do this without legal advice. You are not qualified to advise the employer on the process. Mistakes in the process will cost far more than involving an attorney now. If they are so short sighted, I would not risk going to work for them if I were you. You could end up with future problems if this is done incorrectly.
 
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