5 ms·

> In practice, though, H1-B becomes indentured servitude, since they cannot freely move between companies. This hasn't been true for at least 10 years (maybe m

> In practice, though, H1-B becomes indentured servitude, since they cannot freely move between companies. This hasn't been true for at least 10 years (maybe more). It is entirely possible to change jobs on an H-1B. The new company needs to file a new application (called a transfer) for you and premium process it, which adds 2-3 weeks to the process of a job change. Cumbersome? Yes. Indentured servitude? Only if your skills are useful to your company alone. As of January 2017, H-1B workers are also officially allowed one 60-day period of unemployment, so it's also not true we live in terror of losing our jobs lest we have to pack up and ship out the very next day. I'm not denying the system could be better still e.g. don't require a new application every time you change your job, unless it's a completely different type of job or less salary, eliminate per-country quotas for green cards because of which hundreds of thousands of Indians and Chinese stick around on H-1Bs for years, allow 60-day periods of unemployment after any job longer than 6 months, or a lifetime 180-day limit. But it is frustrating to hear the amount of misinformation that flies around - the comments section of that article is a cesspool of misunderstanding and fear-mongering.

pandaman 9y ago
>It is entirely possible to change jobs on an H-1B. It is and it's quite easy when your H-1B has not been extended past 6 years. Then it becomes interesting and this is what people colloquially refer as "indentured servitude".
- jogjayr 9y ago
  Can you elaborate? It's always been my understanding that the visa can be extended past 6 years in 1-3 year increments if you have an approved I-140. Without losing your "place" in the green card line.
  - pandaman 9y ago
    It can be extended if you have an approved I-140 but also if you have a pending I-140. What's going to happen if you switch the job on a pending I-140? And an I-140 could be pending for years in case you are not aware. Even approved I-140 (after 180 days) is not clear cut because the AC21, which allows this, states something to the effect that it's fine if you change to a similar job. How similar? It's up to the USCIS to decide.
    - jogjayr 9y ago
      > What's going to happen if you switch the job on a pending I-140? And an I-140 could be pending for years in case you are not aware. The I-140 can be premium processed. How could it be pending for years? Your new employer restarts the PERM process with the priority date from your old application. For Indians and Chinese with multi-decade GC waits it makes no difference if you have to restart because your priority date doesn't change so it's not like you'd get a GC faster by staying with your current employer. For everyone else, you're stuck with your current employer for maybe a year or two until you get a GC. > Even approved I-140 (after 180 days) is not clear cut because the AC21, which allows this, states something to the effect that it's fine if you change to a similar job. How similar? It's up to the USCIS to decide. All true and valid points. Hence I said the system could be better. Eliminating per-country GC caps seems like the most expedient solution.
      - pandaman 9y ago
        >The I-140 can be premium processed. How could it be pending for years? "Premium processing" just means that your premium fee is refunded if the application is not approved in the short time. It can totally go for any period of time imaginable even without lawyers filing it in such a way as to ensure a couple of RFEs. >Your new employer restarts the PERM process with the priority date from your old application. Meanwhile you are on a 1 year H1B extension, which cannot be extended until you have a new pending I140. Which, in turn (if memory serves) requires 1 year and 1 day left in status to file (though there are probably ways around it too). > Hence I said the system could be better. I am not arguing that system could not be better, I am arguing against "mythbusting" of ease of switching jobs on H1B. It's easy on a fresh H1B but it's very complicated later and this is the reason people don't often do that on >6 years H1B (practically with 5+ years you are already running into the issues with I140).

pandaman 9y ago

>It is entirely possible to change jobs on an H-1B. It is and it's quite easy when your H-1B has not been extended past 6 years. Then it becomes interesting and this is what people colloquially refer as "indentured servitude".

jogjayr 9y ago
Can you elaborate? It's always been my understanding that the visa can be extended past 6 years in 1-3 year increments if you have an approved I-140. Without losing your "place" in the green card line.
- pandaman 9y ago
  It can be extended if you have an approved I-140 but also if you have a pending I-140. What's going to happen if you switch the job on a pending I-140? And an I-140 could be pending for years in case you are not aware. Even approved I-140 (after 180 days) is not clear cut because the AC21, which allows this, states something to the effect that it's fine if you change to a similar job. How similar? It's up to the USCIS to decide.
  - jogjayr 9y ago
    > What's going to happen if you switch the job on a pending I-140? And an I-140 could be pending for years in case you are not aware. The I-140 can be premium processed. How could it be pending for years? Your new employer restarts the PERM process with the priority date from your old application. For Indians and Chinese with multi-decade GC waits it makes no difference if you have to restart because your priority date doesn't change so it's not like you'd get a GC faster by staying with your current employer. For everyone else, you're stuck with your current employer for maybe a year or two until you get a GC. > Even approved I-140 (after 180 days) is not clear cut because the AC21, which allows this, states something to the effect that it's fine if you change to a similar job. How similar? It's up to the USCIS to decide. All true and valid points. Hence I said the system could be better. Eliminating per-country GC caps seems like the most expedient solution.
    - pandaman 9y ago
      >The I-140 can be premium processed. How could it be pending for years? "Premium processing" just means that your premium fee is refunded if the application is not approved in the short time. It can totally go for any period of time imaginable even without lawyers filing it in such a way as to ensure a couple of RFEs. >Your new employer restarts the PERM process with the priority date from your old application. Meanwhile you are on a 1 year H1B extension, which cannot be extended until you have a new pending I140. Which, in turn (if memory serves) requires 1 year and 1 day left in status to file (though there are probably ways around it too). > Hence I said the system could be better. I am not arguing that system could not be better, I am arguing against "mythbusting" of ease of switching jobs on H1B. It's easy on a fresh H1B but it's very complicated later and this is the reason people don't often do that on >6 years H1B (practically with 5+ years you are already running into the issues with I140).