Changing Jobs on an H1B

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Old Aug 25th 2011, 5:51 pm
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Default Changing Jobs on an H1B

Hi!
I've been working for my sponsoring company for a year and a half. The job has not turned out as I was hoping and I am suffering bullying and being treated differently to the other staff. The company is small so there is no HR to address these issues and I feel really stuck.
I heard that a law was past to allow immigrants in situations like this to transfer their visa to another company (if they could find someone to take them on) with out having to return home and start the application process over. Apart from the job, I am very happy here with great friends, social life and a boyfriend. I want to avoid going home if I can but work is really getting me down to the point where I dread going in.
Any advice would be appreciated.
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Old Aug 25th 2011, 6:12 pm
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Default Re: Changing Jobs on an H1B

Originally Posted by Essexgirl23
... and a boyfriend. I want to avoid going home if I can but work is really getting me down to the point where I dread going in.
Any advice would be appreciated.
USC boyfriend by any chance?
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Old Aug 25th 2011, 6:49 pm
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Default Re: Changing Jobs on an H1B

Yes he is American but we are not at the stage where he can help. I need to get myself out of this situation.
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Old Aug 25th 2011, 6:59 pm
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Default Re: Changing Jobs on an H1B

If you can find another employer willing to sponsor an H-1B petition for you, go ahead. The process is similar to what you'd go through if you were applying "from scratch", including most of the applicable fees, but with the big advantage that you can start working for them as soon as the petition is submitted. You are also not subject to the "cap" of 65000 visas per year, not that that's a problem this year anyway.
The next time you leave the country after the transfer is approved, you'll have to visit a consulate to get a revised visa, before you can return to the US.

Keywords to google on are "H-1B transfer".
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Old Aug 25th 2011, 7:04 pm
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Default Re: Changing Jobs on an H1B

If the company start from scratch and they transferred my visa and paid again - would it be another 3 years or just the remainder of the time left?
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Old Aug 25th 2011, 7:35 pm
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Default Re: Changing Jobs on an H1B

It would be another 3 yrs. The new company needs to apply saying they need your services for 3 yrs.

The total duration anyone can be on H1B without having to leave the country is 6yrs

You can change/transfer jobs as many times as you want as long as you have a new employer prepared to apply for new H1B
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Old Aug 25th 2011, 10:19 pm
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Default Re: Changing Jobs on an H1B

Originally Posted by henryh
... you can start working for them as soon as the petition is submitted.
You may be right, but my understanding is that you can start working for them as soon as the petition is accepted = the company receives a receipt notice for the submission.

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Old Aug 27th 2011, 1:11 pm
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Default Re: Changing Jobs on an H1B

Originally Posted by Ukciti
It would be another 3 yrs. The new company needs to apply saying they need your services for 3 yrs.

The total duration anyone can be on H1B without having to leave the country is 6yrs

You can change/transfer jobs as many times as you want as long as you have a new employer prepared to apply for new H1B
Not completely true...
As the H1-B visa is a dual intent visa, the 6 year limit is renewable for an additional year at a time provided that another application (i.e for a green card) is already in place and being processed.
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