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Once you do identify an employer you can expedite the processes by opting for premium processing. While times may vary slightly, premium processing typically takes 15 days. Whereas normal processing can take anywhere from three to four months.

However, it is important to note that the premium processing feature only expedites the speed at which the USCIS processes your I-129 petition. It does not increase your chances of being selected for the lottery and it does not make you cap-exempt. If your employer files your petition with premium processing and it is not chosen in the lottery, then all fees will be refunded to you.

If your petition is selected, then you will be able to start working no earlier than October 1st. For H1B Visa Process Visit UT Evaluators

To learn more about a scenario like this or something similar, you can consult a qualified immigration attorney that specializes in cap-exempt H-1B situations.

H-1B Cap-Exempt Transfer

There are alternatives if you cannot find a cap-exempt H-1B employer yet are currently on H-1B status. An H-1B transfer allows individuals with H-1B visa status, or previous H-1B visa status, to transfer to a different employer.

As the H-1B visa holder, you do not have to receive permission from the former employer, though you should follow non-compete laws or any other contractual agreements with the employer. In order for the H-1B visa holder to change employers, the new employer is required to submit an H-1B Visa Transfer petition with the USCIS.

The H-1B visa transfer qualifications are as follows:

A. Must start employment on the date indicated on the H-1B Transfer petition submitted to USCIS.

B. You can begin working the day the employer receives the receipt from the USCIS.

C. If you have incurred a gap in employment (ceased employment with an H-1B employer prior to transfer), it is advised to file premium processing.

D. You must also provide pay stubs as evidence of employment, however, it is possible to submit other documentation i.e. a letter from H-1B employer or leave of absence letter. For H1B Visa Process Check here

While it varies in some cases, processing for an H-1B transfer typically takes 4-8 weeks after the application has been submitted to USCIS. Other factors that affect the processing length is the location of employment and which USCIS processing center is responsible for the application.

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