4 ms·

Wait that doesn't sound right. Unless H1B legislation changed drastically since I had one, you cannot change jobs "safely" on a H1B. You can change job if you

by dudul 7y ago

Wait that doesn't sound right. Unless H1B legislation changed drastically since I had one, you cannot change jobs "safely" on a H1B. You can change job if your new employer files a petition to hire you. This petition is almost always approved and not impacted by the CAP, but you need it to work for them. Again, I'm not a lawyer and I was on this visa more than 10 years ago, so maybe a lot has changed since then. Can you link to official documentation explaining this?

vsskanth 7y ago
Yes the new employer still has to file for an H1B. This is usually implicit when people talk about changing jobs on an H1B.
triceratops 7y ago
> This petition is almost always approved and not impacted by the CAP, but you need it to work for them. I'm confused what you mean by "safely". The only way it could be safer than that is if there were no approvals required from anyone to transfer.
- dudul 7y ago
  While a petition for a worker already in the H1B status is almost always accepted, there is still a chance that it doesn't work. There is a chance that it takes a long time to go through (usually a month or 2, but we're talking about the USCIS here :) ). I changed employer twice with an H1B, and both times I made damn sure that the petition was approved before giving a notice (also, back then there was no official grace period, but I would have done the same).
  - guitarbill 7y ago
    right, but you can pay to have the decision expedited. it's rumoured this increases the risk of an RFE, so YMMV. i think timing plays some sort of role, too. from a very small sample size, between December to April, transfers go pretty quickly. not hard to imagine the USCIS' load is higher from April to maybe October
  - eq_sd_ 7y ago
    My team hired a Chinese engineer a little over a year ago. It took almost 4 months for them to join after my lead first mentioned giving her an offer.

by dudul 7y ago

vsskanth 7y ago

Yes the new employer still has to file for an H1B. This is usually implicit when people talk about changing jobs on an H1B.

triceratops 7y ago

> This petition is almost always approved and not impacted by the CAP, but you need it to work for them. I'm confused what you mean by "safely". The only way it could be safer than that is if there were no approvals required from anyone to transfer.

dudul 7y ago
While a petition for a worker already in the H1B status is almost always accepted, there is still a chance that it doesn't work. There is a chance that it takes a long time to go through (usually a month or 2, but we're talking about the USCIS here :) ). I changed employer twice with an H1B, and both times I made damn sure that the petition was approved before giving a notice (also, back then there was no official grace period, but I would have done the same).
- guitarbill 7y ago
  right, but you can pay to have the decision expedited. it's rumoured this increases the risk of an RFE, so YMMV. i think timing plays some sort of role, too. from a very small sample size, between December to April, transfers go pretty quickly. not hard to imagine the USCIS' load is higher from April to maybe October
- eq_sd_ 7y ago
  My team hired a Chinese engineer a little over a year ago. It took almost 4 months for them to join after my lead first mentioned giving her an offer.