Changing employers on H1B

Old Dec 10th 2018, 12:54 pm
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Default Changing employers on H1B

I saw this on Pulaski's "Moving to the USA" post:
  • You are tied to your employer and employment for the duration of the visa. This means no unpaid leave or sabbaticals (being on the 'bench' is a grey area)
Is that right? Is there not a process to transfer your H1B to a new employer within the 3 year period?
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Old Dec 10th 2018, 2:13 pm
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Default Re: Changing employers on H1B

I believe so - it's basically another H1B application by the potential new employer.
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Old Dec 10th 2018, 2:33 pm
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Default Re: Changing employers on H1B

Originally Posted by Jack8602 View Post
I believe so - it's basically another H1B application by the potential new employer.
That's what I thought. But the quota wouldn't apply as you already made it through under the first application, right?
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Old Dec 10th 2018, 3:06 pm
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Default 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.
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Old Dec 10th 2018, 3:40 pm
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Default Re: Changing employers on H1B

Originally Posted by chawkins99 View Post
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.
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
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Old Dec 10th 2018, 4:18 pm
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Default Re: Changing employers on H1B

Originally Posted by Mjdee86 View Post
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 think it depends on the job (title and duties) and on what basis the original visa was granted. If you're moving from a senior position in firm A to a junior position in firm B, that may be a problem. Does the new job require the same qualifications as the old one?

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.
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Old Dec 10th 2018, 4:22 pm
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Default 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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Old Dec 10th 2018, 4:47 pm
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Default 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.
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Old Dec 10th 2018, 5:02 pm
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Default Re: Changing employers on H1B

Originally Posted by chawkins99 View Post
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.
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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Old Dec 10th 2018, 5:29 pm
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Default Re: Changing employers on H1B

Originally Posted by Octang Frye View Post
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
That relates to a Green Card application. He is on an H-1B.
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