Immigration Issues/H1 -B visa transfer

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Question
Hi
I would like to hire a candidate that has an H1-B visa with other company.
Do I have to get the candidate a new H1-Visa or  transfer his visa from his current employer to my company?
Can I hire the candidate after filing the paper work but before getting formal approval from the INS?
Approximately how long does it take and cost to transfer the visa and what are the employer requirements?

Thanks,

Alex

Answer
He needs to file a new petition from your company. He can start working once it is filed since he is already in H status. It usually takes 2 months for an answer unless you pay themn an extra filing fee of $1000 to do it in 15 days. The normal filing fee is $1435 if you have less than 25 employees. If you have more then the filing fee is $2185. This does not include the extra 1000 for expedited processing.


Regards

Robert

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