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H-1b timing questions H Visa

Discussion in 'Investment, Work Visa' started by phiend, Mar 20, 2010.

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  1. phiend

    phiend Law Topic Starter New Member

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    Hi,

    My employer is in the process of applying/converting my L-1b to a H-1b; however, I'd like to leave my company once my H-1b visa is approved.

    I've got a few basic questions:

    1. I've had a look into the H-1b visa transfer process and at least at a high level it looks like any potential employer would just need to complete an immigration form and then await transfer approval/denial. However, from general comments I've seen H-1b visa transfers are difficult, am I missing something?

    2. Can I start a H-1b visa transfer prior to my H-1b visa becoming active? Or do I need to wait a certain period?

    3. I've been told I'll need to go via US consulate once I travel outside of US, but I dont need to leave US to become a H-1b worker. If I try and transfer prior to getting visa stamp will that cause any issues?

    4. Does the size of firm I try and join affect the chances of being approved for a transfer? I'd likely join a small firm

    Thanks in advance for your help
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    1) H-1B Transfers are difficult because they require the same process as if it was a new H-1B application and there are also quotas that may be exhausted.

    2) See answer in #1.

    3) What if you leave and the transfer is not approved?

    4) I don't think size matters as the primary criteria for approval. ;)

    (a) Do you have a job lined up for the new company?
    (b) You may want to take a good look at any provisions relating to the agreement with you and your company regarding their conversion of your visa as well.
     
  3. phiend

    phiend Law Topic Starter New Member

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    Thanks for your response.

    Your response to 1. worries me. I was under the impression that H-1b visas were portable. I was also under the impression that transfers were not subject to the quota requirements. On the basis of your answer my plan to get my H-1b visa approved with company A and then look for another job is undoubtedly flawed.

    As you can tell I've not yet sorted out another job, partly because I dont believe any employer in this market environment and in the industry I'm in (investments) would approve recruitment now for a job to begin in October
     
  4. army judge

    army judge Super Moderator

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    The world is dynamic.

    Our economy isn't, and neither is the H1B program.

    You're always free to leave our country, if our laws aren't to your liking.

    I was born here many moons ago.

    We are planning our exit strategy.

    The great thing about the USA is, the gate swings two ways!!


    Sent from my iPhone using Tapatalk
     

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