5 ms·

I've switched jobs on H-1B three times. All it takes is waiting for the replacement visa to come through before you resign. In each case I trusted my current em

by mortehu 10y ago

I've switched jobs on H-1B three times. All it takes is waiting for the replacement visa to come through before you resign. In each case I trusted my current employer and told them I was waiting for a visa for a new job, but I didn't have to.

suryacom 10y ago
If you are on H1B past 6 years, then you will need the copy of approved I-140 petition to get the H1B transferred to the new employer. But, H1B visa holder does not have access to I-140 petition; it is employer's property.
- ashwinaj 10y ago
  > H1B visa holder does not have access to I-140 petition I have the I140 petitions from the two employers that I had applied with. This sounds like you are talking about consulting companies who hold their employees hostage. No legitimate company can do that and you have legal recourse if they do.
  - suryacom 10y ago
    >This sounds like you are talking about consulting companies who hold their employees hostage This thread is discussing a law -- that targets only consulting companies. >No legitimate company can do that and you have legal recourse if they do. That is not correct. There is nothing an H1B employee can do if his employer does not share the copy of I-140.
    - ashwinaj 10y ago
      Well they also talk about removing the master's degree quota. So it's not just about shady consulting companies.
      - uiri 10y ago
        No, the Master's degree quota is unaffected by this legislation. The version of the bill presented in the previous congress is here: https://www.congress.gov/bill/114th-congress/house-bill/5801/text https://www.congress.gov/bill/114th-congress/house-bill/5801... I expect the language of Rep Issa's bill for this session Congress to be largely unchanged. "Exempt" H-1B employees are not counted when determining whether or not an employer is H-1B dependent. Generally, an employer is H-1B dependent if over 15% of their employees are nonexempt H-1Bs. The old criteria for exempt status were: (a) at least $60k annual salary OR (b) Master's degree The new criterion proposed in the bill is: (a) at least $100k annual salary This explicitly targets companies like Infosys, Tata, etc. who use hordes of H-1Bs but pay them just over $60k or ensure that they have Master's degrees. Microsoft, Google, Amazon, et. al. will still be able to employ hordes of H-1Bs but they will be unaffected due to the high paying nature of the work.
- logfromblammo 10y ago
  Isn't that part of the mandatory public record that all H1B employers are required to maintain? Anyone can walk in off the street at your work location or company headquarters and ask to see it, including you. You might have to bring your own battery-powered scanner with you, though.
  - suryacom 10y ago
    I think you are talking about is H1B-LCA document. I-140 petition is different, it is employer's property.
brendangregg 10y ago
Lucky. Every time I've switched on H-1B, I've been advised by immigration lawyers to not tell my current employer for fear of retaliation, along with anecdotes to convince me that the retaliation risk is real and happens in the bay area. It's extremely painful secret to keep -- it's unfair to be unable to talk to coworkers about your future plans (as instructed by legal council), and one that detriments career growth (you're forbidden from discussing early on that you are likely to quit, at a time when it may be reconcilable with your current employer, and lead to better things: new positions, pay rises, etc.).
- ashwinaj 10y ago
  You're right about that. But sometimes the only way to get a pay raise is to get a competing offer. It is a risk to ask your new employer to file for a H1 transfer and then back off (at the risk of pissing them off). I haven't done it personally, but I know a lot people do it. I usually drop hints about a pay raise or change of responsibilities and if my manager doesn't oblige within a reasonable amount of time, then I know it's time to leave. It's nothing personal, but if someone else values me more than my own employer I'd rather seek greener pastures.

by mortehu 10y ago

suryacom 10y ago

If you are on H1B past 6 years, then you will need the copy of approved I-140 petition to get the H1B transferred to the new employer. But, H1B visa holder does not have access to I-140 petition; it is employer's property.

ashwinaj 10y ago
> H1B visa holder does not have access to I-140 petition I have the I140 petitions from the two employers that I had applied with. This sounds like you are talking about consulting companies who hold their employees hostage. No legitimate company can do that and you have legal recourse if they do.
- suryacom 10y ago
  >This sounds like you are talking about consulting companies who hold their employees hostage This thread is discussing a law -- that targets only consulting companies. >No legitimate company can do that and you have legal recourse if they do. That is not correct. There is nothing an H1B employee can do if his employer does not share the copy of I-140.
  - ashwinaj 10y ago
    Well they also talk about removing the master's degree quota. So it's not just about shady consulting companies.
    - uiri 10y ago
      No, the Master's degree quota is unaffected by this legislation. The version of the bill presented in the previous congress is here: https://www.congress.gov/bill/114th-congress/house-bill/5801/text https://www.congress.gov/bill/114th-congress/house-bill/5801... I expect the language of Rep Issa's bill for this session Congress to be largely unchanged. "Exempt" H-1B employees are not counted when determining whether or not an employer is H-1B dependent. Generally, an employer is H-1B dependent if over 15% of their employees are nonexempt H-1Bs. The old criteria for exempt status were: (a) at least $60k annual salary OR (b) Master's degree The new criterion proposed in the bill is: (a) at least $100k annual salary This explicitly targets companies like Infosys, Tata, etc. who use hordes of H-1Bs but pay them just over $60k or ensure that they have Master's degrees. Microsoft, Google, Amazon, et. al. will still be able to employ hordes of H-1Bs but they will be unaffected due to the high paying nature of the work.
logfromblammo 10y ago
Isn't that part of the mandatory public record that all H1B employers are required to maintain? Anyone can walk in off the street at your work location or company headquarters and ask to see it, including you. You might have to bring your own battery-powered scanner with you, though.
- suryacom 10y ago
  I think you are talking about is H1B-LCA document. I-140 petition is different, it is employer's property.

brendangregg 10y ago

Lucky. Every time I've switched on H-1B, I've been advised by immigration lawyers to not tell my current employer for fear of retaliation, along with anecdotes to convince me that the retaliation risk is real and happens in the bay area. It's extremely painful secret to keep -- it's unfair to be unable to talk to coworkers about your future plans (as instructed by legal council), and one that detriments career growth (you're forbidden from discussing early on that you are likely to quit, at a time when it may be reconcilable with your current employer, and lead to better things: new positions, pay rises, etc.).

ashwinaj 10y ago
You're right about that. But sometimes the only way to get a pay raise is to get a competing offer. It is a risk to ask your new employer to file for a H1 transfer and then back off (at the risk of pissing them off). I haven't done it personally, but I know a lot people do it. I usually drop hints about a pay raise or change of responsibilities and if my manager doesn't oblige within a reasonable amount of time, then I know it's time to leave. It's nothing personal, but if someone else values me more than my own employer I'd rather seek greener pastures.