3 ms·

> Your company can send him back to India - make him leave the country entirely - on nothing but a whim. That is not true - h1b holders can switch jobs and tra

> Your company can send him back to India - make him leave the country entirely - on nothing but a whim. That is not true - h1b holders can switch jobs and transfer the visa to the new employer

organsnyder 7y ago
Assuming the worker can find a new employer willing/able to handle the transfer.
- srivapal 7y ago
  And H1B/Visa Transfer getting approved.
  - dbancajas 7y ago
    This can be done confidentially. The old employer won't ever know you are trying to transfer jobs. Source: I was H1b in semicon.
dudul 7y ago
Unless they get let go before the worker has an h1b petition with another employer, then they technically need to leave the country immediately. Edit: it looks like there is now a grace period before having to leave the country.
kelnos 7y ago
Sure, but it's incredibly risky to switch (or at least give your old employer notice) before the transfer is approved. And if you aren't looking for a new job, but your current employer decided to fire you for any reason, you have to scramble to get a new job (and get the H1B transferred) nearly immediately, or you're required to leave the country.
addicted44 7y ago
If a company lets go of you you're theoretically supposed to leave immediately (the company is actually supposed to buy your ticket) and any additional time you spend beyond the final date is considered illegal. In the past USCIS offered an unofficial grace period of about a month to find another job, but this is unofficial, and considering the current environment where the SC just approved a government request that allows the government to use the fact that you apply for a green card as a negative during your green card application, people should be extremely worried about the transition time. Further, the USCIS has been ridiculously slow for the past couple of years in approving stuff, and has been holding up requests for trivial reasons, but now specifically, they will be hitting the March time period when new visas take priority and the odds of a transfer approval happening in a reasonable amount of time is really low.

> Your company can send him back to India - make him leave the country entirely - on nothing but a whim. That is not true - h1b holders can switch jobs and transfer the visa to the new employer

organsnyder 7y ago

Assuming the worker can find a new employer willing/able to handle the transfer.

srivapal 7y ago
And H1B/Visa Transfer getting approved.
- dbancajas 7y ago
  This can be done confidentially. The old employer won't ever know you are trying to transfer jobs. Source: I was H1b in semicon.

dudul 7y ago

Unless they get let go before the worker has an h1b petition with another employer, then they technically need to leave the country immediately. Edit: it looks like there is now a grace period before having to leave the country.

kelnos 7y ago

Sure, but it's incredibly risky to switch (or at least give your old employer notice) before the transfer is approved. And if you aren't looking for a new job, but your current employer decided to fire you for any reason, you have to scramble to get a new job (and get the H1B transferred) nearly immediately, or you're required to leave the country.

addicted44 7y ago

If a company lets go of you you're theoretically supposed to leave immediately (the company is actually supposed to buy your ticket) and any additional time you spend beyond the final date is considered illegal. In the past USCIS offered an unofficial grace period of about a month to find another job, but this is unofficial, and considering the current environment where the SC just approved a government request that allows the government to use the fact that you apply for a green card as a negative during your green card application, people should be extremely worried about the transition time. Further, the USCIS has been ridiculously slow for the past couple of years in approving stuff, and has been holding up requests for trivial reasons, but now specifically, they will be hitting the March time period when new visas take priority and the odds of a transfer approval happening in a reasonable amount of time is really low.