Changing employers on H1B
I saw this on Pulaski's "Moving to the USA" post:
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Re: Changing employers on H1B
I believe so - it's basically another H1B application by the potential new employer.
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Re: Changing employers on H1B
Originally Posted by Jack8602
(Post 12606809)
I believe so - it's basically another H1B application by the potential new employer.
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Re: Changing employers on H1B
The new job will require a new application but you can start work as soon as the application is filed (receipt issued). You are still subject to the original timelines. i.e. max 3 years plus 3 year extension from the date of the first visa.
The new job must also be 'similar' to the original job. No, the quota doesn't apply and can be applied for any time. |
Re: Changing employers on H1B
Originally Posted by chawkins99
(Post 12606834)
The new job will require a new application but you can start work as soon as the application is filed (receipt issued). You are still subject to the original timelines. i.e. max 3 years plus 3 year extension from the date of the first visa.
The new job must also be 'similar' to the original job. No, the quota doesn't apply and can be applied for any time. If yes, what might be the reasons for the risk? For example, if you were an Accountant and you were moving from one accounting firm to another (of similar calibre). What are the risks? Thanks |
Re: Changing employers on H1B
Originally Posted by Mjdee86
(Post 12606848)
Is this a formality? Or is there a real risk that the transfer to the new employer may be refused?
If yes, what might be the reasons for the risk? For example, if you were an Accountant and you were moving from one accounting firm to another (of similar calibre). What are the risks? Thanks I moved 12 years ago when I was 3 years into my H-1B so was due to extend anyway. I moved from one IT firm to another doing a similar job. I would go so far as to say it was a more senior role. I had no problems with the move. The new job in itself must be eligible for an H-1 visa. Obviously, you can't go from senior VP to the mail room. |
Re: Changing employers on H1B
Thanks for that. How long did your transfer take? Did you tell the first employer that you were transferring? I wouldn't want them to find out, then fire me before the receipt re: change of H1 is issued by the new employer!
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Re: Changing employers on H1B
Transfer is a misnomer. It's a new application. It's been a while but I think it took a couple of months for approval.
Once you accept the new position (or they accept you), their attorney will prepare the new application and submit it. Depends on the attorney but shouldn't take more than a few days. They should get an electronic receipt almost immediately. Once that notice is received, you can quit the old job and start the new one. Your current employer need never know until you tell them. |
Re: Changing employers on H1B
Originally Posted by chawkins99
(Post 12606891)
Transfer is a misnomer. It's a new application. It's been a while but I think it took a couple of months for approval.
Once you accept the new position (or they accept you), their attorney will prepare the new application and submit it. Depends on the attorney but shouldn't take more than a few days. They should get an electronic receipt almost immediately. Once that notice is received, you can quit the old job and start the new one. Your current employer need never know until you tell them. Ah, here we go. Good old AC21. I used it. https://www.immihelp.com/greencard/a...-employer.html |
Re: Changing employers on H1B
Originally Posted by Octang Frye
(Post 12606900)
I'm pretty sure your adjustment of status has to have been pending for 6 months before you can exercise portability and switch employers. Maybe things have changed.
Ah, here we go. Good old AC21. I used it. https://www.immihelp.com/greencard/a...-employer.html |
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