H Visa H-1b timing questions

[phiend]

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

 

[Michael Wechsler]

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.

 

[phiend]

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

 

[army judge]

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!!


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