4 ms·
H1B workers can switch jobs -- your point (2) is not true. During the first 6 years or until the LC is filed, H1 workers can work for any employer in their fie
by winter_blue 12y ago
H1B workers can switch jobs -- your point (2) is not true.
During the first 6 years or until the LC is filed, H1 workers can work for any employer in their field of study. After the LC has been filed, they can switch jobs as long as the job title/requirements are substantially similar (thanks to the American Competitiveness in the Twenty-First Century Act). And the recent executive action by Obama will make it even easier for post-LC workers to change jobs.
I have yet to meet someone on an H1 who felt tethered down to their employers. Almost every H1 worker I know has switched jobs at some point. This whole idea of the "indentured H1 worker" is complete lie, and anyone making it is being dishonest. It's just a cover-up for their hatred for immigrants -- a lie fabricated to cloak their hatred as concern.
- cletus 12y agoYou are (mostly) incorrect. AC21 portability (as it's called) allows for an employee to maintain their pending immigration status if they have filed an I-485 and it has been pending for at least 180 days. Thing is, the I-485 is the last 10% of the process. The biggest hurdle is getting the Labor Certification, which is the part that can (and does) take years. So an employee technically has H1B portability under the AC21 provisions but they must start all over again if they aren't in the last 5-10% of the immigration process.