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A new company just applied for "H-1B transfer" by premium processing this week. All I can say is wtf? I'm in a potential limbo state here because: - I am on a
by NTDF9 10y ago
A new company just applied for "H-1B transfer" by premium processing this week. All I can say is wtf?
I'm in a potential limbo state here because:
- I am on a notice period for impending layoffs later in the month
- I found a new job, did all the documentation crap and my new company filed already. Hopefully, I'll get a decision in 2 weeks
- If not (say I get an RFE or get denied for the transfer), I lose my status because I couldn't transfer to the new company && my old company will lay me off, rendering my old h1b invalid
- In an RFE or denial, I will have to look for a job again in 60 days. For that h1b, it'll take them 7 months to tell me if it is approved or not. I can start working for the new company while this processing is going on though
- Say, I get laid off in those 7 months again. What does that mean for my status? Can I legally change to a new H1b with another company?
- Say, they come after 7 months and tell me it wasn't approved, does that mean I was working illegally so far?
This ambiguous and random pile of regulation over regulation sometimes makes me think, hey, it's better to just get out of this place and live somewhere else in peace. For all their talks of supporting legal immigration, US immigration process is incredibly slow, hinges on random pieces of paper and doesn't factor in that an individual can have life changing circumstances in this long duration. Life changing circumstances include marriages, family issues, health issues, lay offs etc.
The only way an individual can navigate this PROLONGED bureaucracy is if they have no dependents, no family issues, no health issues, no girlfriends/boyfriends/wives/husbands...so that they can keep fighting random nonsensical regulations, RFEs and denials.
Sigh!
- trustfundbaby 10y agoTypically all you need after filing the transfer is the receipt from USCIS to start work at the new firm. You don't have to wait for a decision, so go to your new company and set a new start date. AFAIK Its very rare to get a H1B denial or RFE, but YMMV
- NTDF9 10y ago>> AFAIK Its very rare to get a H1B denial or RFE, but YMMV I have received an RFE in the past for stupid things like "Prove this fortune 500 company is real and paid you real wages". This, after having sent my paystubs and W-2s.
- ganfortran 10y agoOnce you get the reference code, indicating that USCIS received your case(but deadline unknown), you can go to the new company and work.
- thickice 10y agoThis is technically correct. But the regular processing can take months and you are fucked if there is any sort of emergency in the family(back in your homeland) and you have to travel.
- ganfortran 10y agoWell you can not have it both ways. Since there now anti-immigrant administration at hand, this is still not too bad.
- briandear 10y agoH1 visas are not immigrant visas! Additionally, the new administration isn't 'anti-immigrant' but anti-illegal immigrant. There's a huge difference.
- ptaipale 10y agoAs a non-US person I must ask, what do you mean by non-immigrant? That's presumably a specific technical meaning, because people who come to live in a country on a visa are, by definition, immigrants. Does it just mean that it is meant for temporary residence?
- seanmcdirmid 10y agoThey haven't shown us that they aren't both yet. Legal immigrants are on edge as well.
- brainfire 10y agoThat seems incorrect, given both their actual actions (including immediate and without warning discontinuation of existing visas) and rhetoric ("[T]hey're not sending their best.")
- pavanky 10y agoYou can begin work as long as your status is current and the new company applies for the transfer. You don't need to wait until you get the decision.