christmasoompa

I doubt it, they usually close automatically after a year. This one has just squeaked in under that deadline!

And the person that bumped it up has been on the forum for a few years, definitely not a newbie...........

tom169

Thought I'd seen this thread before.

sherbert

Yes, but you need to find a employer who is a) wiling to spend the time and money on switching your petition (it's not that expensive or time consuming but could be a turn off for some), b) find a job in the same field at the same level, c) if you have, say, two years left on your visa, find an employer who is willing to take you on knowing that after two years, you will be out of status.

Many people on H1Bs are essentially trapped because their employer starts the Green Card process (aka dangling the carrot) with them after a couple of years and they are then pretty much bonded to that employer until the process is over and they've stayed for the required contracted time after the GC is received, which usually adds up to years.

Mjdee86

The first three items in your post aren't that offputting. For starters - your current employer was willing to spend time and money on an H1B employee with no guarantee that they'd win the lottery. At least the second employer will be sure that there's no cap to deal with.

If you have a GC application pending via employer-sponsorship on H1B, can you not switch employers without invalidating the GC petition?

Rete

I know. The dead don't stay dead and buried in BE. Someone always unearths a thread and breathes life into it and then no one goes back to Post #1 to read all that was previously said, oft times the digger, only reads the last page and Bam! Holy Bat Sh!t, Robin ....

sherbert

But then they face the issue that they will be spending time/money on someone who they will need to immediately start a GC process or know that they will lose them in 2 years: I think it would be very hard to find someone willing to employ you with less than two years on your visa. If they are spending money to put you through the lottery they know they've potentially got you for at least 6 years.

. From the immigration side, I think once the AoS has been submitted (I-485) you are able to switch jobs after 180 days of it being pending (job portability). The job must be in the same field and you will need probably need to prove that the initial job offer you had when applying for the GC was bona fide (Supplement J) in an RFE (request for evidence) once it becomes apparent that you are no longer in the same job as when the GC application was filed.

From the employer side, most if not all will require the employee to stay on for a certain period of time once the GC is in hand or they will have to pay back (substantial) legal and filing costs. Once the AoS is in the employer cannot retract it (but probably can make you pay back costs) but bear in mind that Supplement J requires the original petitioning employer to sign it saying that the original job offer given at the time of filing for the GC was bona fide. And most are not going to do that if you've jumped ship.

The GC process will take about 2 years minimum + whatever extra time you're contracted to at the end.