megan2004

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.

Jozef

"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

megan2004

Is the process of changing the petitioner more complicated/taking longer because the new job placement is in a different state?

Jozef

"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

megan2004

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?

Jozef

"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