H1B portability question
can you help me with the following:
H1B with a company A for New Jersey, offered a job with company B in New York - would like to use the H1B portability does the fact that a new petitioner is located in a different state - vs. for which the original H1B was approved - matter? I'll greatly appreciate your expertise. |
Re: H1B portability question
"megan2004" <member17500@british_expats.com> wrote in message
news:[email protected] m... > can you help me with the following: > H1B with a company A for New Jersey, offered a job with company B in New > York - would like to use the H1B portability > does the fact that a new petitioner is located in a different state - > vs. for which the original H1B was approved - matter? No. Portability just means you can start work for the other employer as soon as the new H-1B is filed. Apart from that, there is no relationship between the two. Jozef |
Re: H1B portability question
Is the process of changing the petitioner more complicated/taking longer because the new job placement is in a different state?
|
Re: H1B portability question
"megan2004" <member17500@british_expats.com> wrote in message
news:34$299654$2319972 >> > H1B with a company A for New Jersey, offered a job with company B >> > in New >> > York - would like to use the H1B portability >> > does the fact that a new petitioner is located in a different >> > state - >> > vs. for which the original H1B was approved - matter? >> No. >> Portability just means you can start work for the other employer as >> soon as >> the new H-1B is filed. Apart from that, there is no relationship >> between the >> two. > Is the process of changing the petitioner more complicated/taking longer > because the new job placement is in a different state? Company B has to file a brand-new H-1B petition. You are not "changing" the petitioner of the old H-1B. Once company B filed the new H-1B petition, you can start to work for them under the H-1B portability rule, provided there was not too long of a gap in employment and - naturally - you are in valid immigration status, i.e. your I-94 hasn't expired. Jozef |
Re: H1B portability question
Jozef, thanks for your input, I'm a bit confused, must admit:
so there is no such thing as a "transfer" or "change of petitioner" etc. that would make the process easier/fees lower... it all comes down to a brand new submission for H1B every time I change a job? |
Re: H1B portability question
"megan2004" <member17500@british_expats.com> wrote in message
news:[email protected] m... >> Company B has to file a brand-new H-1B petition. You are not >> "changing" the >> petitioner of the old H-1B. >> Once company B filed the new H-1B petition, you can start to work for >> them >> under the H-1B portability rule, provided there was not too long of a >> gap in >> employment and - naturally - you are in valid immigration status, i.e. >> your >> I-94 hasn't expired. > so there is no such thing as a "transfer" or "change of petitioner" > etc. that would make the process easier/fees lower... > it all comes down to a brand new submission for H1B every time I > change a job? There is no "change of petitioner", but there is a "transfer". If you are in the US, maintained valid H-1B status and a new H-1B is filed, it is considered an H-1B "transfer", and is not subject to the cap. When it is approved, it comes with a new I-94 card, so you won't have to leave the US. If you are not in the US, or did not maintain valid status, or if the gap between the two jobs is too long (about 60 days), the new petition is subject to the cap. When it is approved, it will not come with a new I-94 card. This means you will have to take the approval notice to the consulate in your home country and apply for an H-1B visa. Yes, every job requires it's own H-1B approval (and all the fees that go with it!). Jozef |
All times are GMT. The time now is 2:22 pm. |
Powered by vBulletin: ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.