H1b - Work Woes
#16
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Re: H1b - Work Woes
Going from a cap-exempt position to a cap-exempt position is no problem (at least, not as far as the cap is concerned). Going from a position subject to the cap to some other H-1B job is no problem because you've already been counted against the cap. But if you want to transfer from a cap-exempt position to one that is subject to the cap then all the usual H-1B availability problems can come into play.
#17
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Re: H1b - Work Woes
Going from a cap-exempt position to a cap-exempt position is no problem (at least, not as far as the cap is concerned). Going from a position subject to the cap to some other H-1B job is no problem because you've already been counted against the cap. But if you want to transfer from a cap-exempt position to one that is subject to the cap then all the usual H-1B availability problems can come into play.
#18
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Re: H1b - Work Woes
Going from a cap-exempt position to a cap-exempt position is no problem (at least, not as far as the cap is concerned). Going from a position subject to the cap to some other H-1B job is no problem because you've already been counted against the cap. But if you want to transfer from a cap-exempt position to one that is subject to the cap then all the usual H-1B availability problems can come into play.
#19
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Re: H1b - Work Woes
I knew a guy who quite a job on H1b to go back to Europe and start a business , he left right away and came back on visa waiver to tie up lose ends.
What was a bit weird was he went to the Caribbean, which for visa waiver does not count as leaving (in terms of the 90 day cap), but I assume that because he did not leave on the visa waiver, but a visa that was OK.
#20
Re: H1b - Work Woes
Not sure the question was really 'legal' - it was more generic imho, but the 'see a lawyer' response from, hmmm, lawyers/ex lawyers does get tiresome after a while because a) not everyone is in a financial position to pay a lawyer and b) one needs to arm themselves with as much information as possible before consulting said lawyer if indeed one chooses to go that route.
#21
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Re: H1b - Work Woes
Alright. So, 6 months in, the polish has rapidly worn off OH's shiny fab new job and it seems that the job he is doing is becoming very different to the one he was actually hired for.
We love SoCal and would like to stay. Our visas (H1b cap exempt and H4 grrr) have just been renewed for 3 years. So we are weighing up our options.
Is it possible to switch employers on a H1b (if OH .. or even me...can find a sponsor)? Is the process *any* different because we are already in the country?
If the worst comes to the worst and he quits, how long have we got to tie up our loose ends and get out of the country?
We love SoCal and would like to stay. Our visas (H1b cap exempt and H4 grrr) have just been renewed for 3 years. So we are weighing up our options.
Is it possible to switch employers on a H1b (if OH .. or even me...can find a sponsor)? Is the process *any* different because we are already in the country?
If the worst comes to the worst and he quits, how long have we got to tie up our loose ends and get out of the country?
on the reccomended lawyer front others have mentioned, heres my 2Cents
I really dont see how a personal lawyer will help you, what are they going to do, speak to the new company lawyer and get a better deal that would be weird!....or contact you current company and complain the job wasnt as described....that would be interesting to battle over being on a temp visa...maybe someone can elaborate for you how that will help....ive been on a H1 for 6 years and transferred once prior to getting an EB1C so have a bit of experience and never once had my own lawyer at any stage!!
#22
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Re: H1b - Work Woes
Yep, you can xfer your H1B, should be straight foward, the difficulty is finding an employer that will do it, but if your in the tech feild I see no real issue to be honest. You can start working when you recieve a receipt so in theory a couple of weeks after you apply for the H1B transfer....or more if the new company needs an LCA.
H1b, only to another cap-exempt one. So we have to start the whole H1b process again.
on the reccomended lawyer front others have mentioned, heres my 2Cents
I really dont see how a personal lawyer will help you, what are they going to do, speak to the new company lawyer and get a better deal that would be weird!....or contact you current company and complain the job wasnt as described....that would be interesting to battle over being on a temp visa...maybe someone can elaborate for you how that will help....ive been on a H1 for 6 years and transferred once prior to getting an EB1C so have a bit of experience and never once had my own lawyer at any stage!!
I really dont see how a personal lawyer will help you, what are they going to do, speak to the new company lawyer and get a better deal that would be weird!....or contact you current company and complain the job wasnt as described....that would be interesting to battle over being on a temp visa...maybe someone can elaborate for you how that will help....ive been on a H1 for 6 years and transferred once prior to getting an EB1C so have a bit of experience and never once had my own lawyer at any stage!!
#23
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Re: H1b - Work Woes
[QUOTE=sherbert;11427390]Nope, because the initial visa is cap exempt and you can't transfer to a capped
H1b, only to another cap-exempt one. So we have to start the whole H1b process again.
Im assuming they will transfer to a same or similar position therefore the cap wont apply as they already have it qualified for 6 years....obviously if they are an IT specialist and want to be an astronaught thats a different story
H1b, only to another cap-exempt one. So we have to start the whole H1b process again.
Im assuming they will transfer to a same or similar position therefore the cap wont apply as they already have it qualified for 6 years....obviously if they are an IT specialist and want to be an astronaught thats a different story
#24
Re: H1b - Work Woes
Im assuming they will transfer to a same or similar position therefore the cap wont apply as they already have it qualified for 6 years....obviously if they are an IT specialist and want to be an astronaught thats a different story
Since someone in a cap exempt position didn't get the H-1B visa via a quota, they can't convert a cap exempt H-1B to a quota H-1B.
Last edited by Michael; Oct 4th 2014 at 12:58 am.
#25
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Re: H1b - Work Woes
Cap exempt is normally for non profit organizations such as universities, charitable organizations, etc.. It is not a matter of just finding another similar job but finding a similar job that is in a cap exempt organization.
Since someone in a cap exempt position didn't get the H-1B visa via a quota, they can't convert a cap exempt H-1B to a quota H-1B.
Since someone in a cap exempt position didn't get the H-1B visa via a quota, they can't convert a cap exempt H-1B to a quota H-1B.
#26
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Re: H1b - Work Woes
In particular, they may be able to suggest alternate ways of achieving whatever it is that you are trying to do or warn you of potential problems with whatever course of action you are thinking of taking.
Sure, if your situation is simple and straightforward and you are sure that you know what you are doing then there is no need for you to consult an attorney.
I have spent quite a lot of time working with attorneys and the biggest and most important thing that I learned about the law while doing that was how much I don't know ...
#28
Re: H1b - Work Woes
As an aside, if the new employer should be a British owned organization, the "E" category may be a possiblity.
#29
Re: H1b - Work Woes
Cause in the land of milk and honey there are no layoffs in high tech and it's easy peasy to get a job?
#30
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Re: H1b - Work Woes
Whos talking about job stability and layoffs??, Im just stating that in a high tech field its simpler to find a sponsor, as theres more employers trying to recruit top talent...not really sure what you comment is for to be honest?