Changing Employers During H1B Extension Processing

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Key Takeaways:

Understand H1B extension: Essential for U.S. employment beyond initial approval; extends visa by three years typically.
Changing employers: Allowed during extension process with a new H1B petition filing; maintain lawful status carefully.
Process considerations: H1B portability benefits, legal compliance, documentation crucial; risk of delays, ensure seamless transition.

Can You Change Employers While Your H1B Extension is Being Processed?

Many professionals on H1B visas often find themselves pondering whether they can switch employers during the extension process of their visa. This is a critical question, especially for those seeking new opportunities or better career prospects without wanting to jeopardize their legal status in the U.S. Let’s explore the feasibility and implications of making an employer change during H1B extension processing.

Changing Employers During H1B Extension Processing

What is the H1B Visa Extension?

Firstly, it’s essential to understand what an H1B extension is. An H1B visa allows U.S. companies to employ foreign workers in specialty occupations. If you’re a holder of an H1B visa and wish to remain in the states beyond the initial approval period, you must file for an extension. Typically, the initial visa could last three years and can be extended for another three years.

Is It Possible to Change Employers During H1B Extension Processing?

The simple answer is yes, you can change employers during the H1B extension process. However, this comes with several conditions and procedural nuances that need to be carefully managed.

How to Change Employers During H1B Extension Processing?

Changing employers while your visa extension is still being processed involves a few crucial steps:

New Employer Must File a New H1B Petition: Your new employer needs to file an H1B transfer petition with the United States Citizenship and Immigration Services (USCIS). This is essentially a new application, independent of your extension request with your current employer.
Benefit from H1B Portability: The American Competitiveness in the Twenty-first Century Act (AC21) allows H1B workers to change jobs and begin working with a new employer as soon as the new petition is filed. It means you don’t have to wait for the complete approval.
Maintain Lawful Status: It’s critical that you maintain your lawful status during this transition. Ensure your current H1B visa has not expired or that you are not in violation of your current visa terms while the transfer is processed.
Work With Immigration Legal Experts: Given the complexities involved, it’s advisable to work closely with an immigration attorney to navigate this process. They can provide guidance tailored to your specific circumstances, ensuring all legal requirements are meticulously met.

What Happens to the Original H1B Extension Request?

Once you decide to change employers and a new H1B petition is filed by your new employer, what happens to the original extension filed by your current employer depends on several factors:

If the original H1B extension is withdrawn before the new one is approved, you will rely entirely on the new petition.
If both petitions go through, your status will be dependent on the action taken on your last approved petition, which in many cases could be the new employer’s petition due to timing.

Key Considerations and Risks

While changing employers during H1B extension processing is legally permissible, it’s not devoid of risks:

Processing Times: H1B transfer petition processing times can vary, and running into delays can affect your employment start dates and planning.
Documentation and Proof: Both you and your new employer must provide comprehensive documentation to prove eligibility for the visa. Any discrepancies can lead to delays or denials.
Employment Gaps: Ensure there is no gap between your last employment day with the old employer and the start date with the new employer as per the filed petition.

For further reading and authoritative advice, checking with the United States Citizenship and Immigration Services (USCIS) is recommended as they provide the latest information and guideline adjustments.

Conclusion

Changing employers during an H1B extension can be a strategic step in your career advancement in the U.S. However, this move requires thoughtful consideration of the legal implications and coordination to ensure compliance with immigration laws. Planning with the help of immigration professionals is crucial to facilitate a smooth transition without affecting your visa status.

Learn Today:

1. H1B Visa Extension:
– Definition: The process that allows current H1B visa holders to extend their authorized stay in the United States beyond the initial approval period, typically for an additional three years. This extension is essential for foreign workers wishing to remain employed in specialty occupations by U.S. companies.

2. H1B Transfer Petition:
– Definition: A new H1B visa application filed by a new employer on behalf of a foreign worker who intends to change employers while the previous H1B extension request is still being processed. This petition allows the individual to transition to a different employer without waiting for the completion of the extension process with the current employer.

3. American Competitiveness in the Twenty-first Century Act (AC21):
– Definition: Legislation that enables H1B visa holders to change employers and begin working for a new employer as soon as the new H1B transfer petition is filed with the United States Citizenship and Immigration Services (USCIS). AC21 provisions support the portability of H1B visas, facilitating job changes for foreign workers in specialty occupations.

4. Immigration Attorney:
– Definition: A legal professional specializing in immigration law who provides guidance and assistance to individuals navigating the complex U.S. immigration system. Immigration attorneys help clients understand their rights, obligations, and options related to visas, petitions, and compliance with immigration regulations.

5. Lawful Status:
– Definition: The legal authorization granted to non-U.S. citizens allowing them to reside, work, or study in the United States based on a valid visa or immigration status. Maintaining lawful status is crucial to comply with U.S. immigration laws and regulations, ensuring eligibility for benefits, including extensions and transfers of visas like the H1B visa.

This Article In A Nutshell:

Considering changing employers during your H1B extension? Yes, it’s possible. New employer files a new H1B petition with USCIS, ensuring continuous lawful status. Benefit from H1B portability; work closely with immigration experts. Be cautious of processing times, documentation accuracy, and employment gaps. Navigate smoothly with proper planning and legal guidance.
— By VisaVerge.com