4 ms·

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

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.

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.