From: vaidya@ganzer.ecs.umass.edu Newsgroups: alt.visa.us Subject: SUMMARY OF REPLIES : Changing employer while on H-1 Message-ID: <1992Aug13.133621.27758@risky.ecs.umass.edu> Date: 13 Aug 92 13:36:21 GMT Summary ------- (a) If anyone has more information, please post or reply to vaidya@ecs.umass.edu (b) for the benefit of the readers, I am repeating my original question here, followed by the replies I received. (c) I thank all those who replied. I have intentionally left out the names of the senders, as I am not sure they would want me to post their names. - nitin --------------------------- original posting ------------------------ Hello everyone, I have a question regarding the H-1 visa. Please reply to vaidya@ecs.umass.edu I plan to take up a temporary job (about 2 year duration). During this job, I will be changing from F-1 to H-1 status, but the employer is NOT going to sponsor me for a green card. === When (and if) I CHANGE my job at the end of the 2 year period ---- (a) would it be possible to obtain another H-1 visa? (b) can I obtain the new H-1 visa for my second job while I am working on my first job? (c) As I understand it, an H-1 visa is associated with a particular job/employer. This seems to lead to a difficult situation. I cannot take up the second job until I have an H-1 visa for that job; and I cannot get that visa unless I give up the first job. And if I give up the first job, until I get the next H-1, I would not have a legal status !!!! Is there a way out of this ???? (d) how long would it take to get H-1 the second time? I would appreciate your reply. Thanks. - nitin vaidya vaidya@ecs.umass.edu 413-545-4352 ---------------------- replies --------------------------------------- Lets resolve the difference between status and visas. Visas are required to enter the country. While a status will allow you to live in this country under some specific status affording you some rights and restrictions. |> (a) would it be possible to obtain another H-1 visa? If you meet all the job/INS criterions, which are no different from the first, you should. |> (b) can I obtain the new H-1 visa for my second job while I am working |> on my first job? Yes. If not you will fall out of status. At any given time you need to be in a given status. It's illegal to be out of status. |> (c) As I understand it, an H-1 visa is associated with a particular |> job/employer. This seems to lead to a difficult situation. I cannot |> take up the second job until I have an H-1 visa for that job; and I |> cannot get that visa unless I give up the first job. And if I give up |> the first job, until I get the next H-1, I would not have a legal |> status !!!! Is there a way out of this ???? You can apply for a second status when you are on a status. The second status starts the day you start the second job. Since visas are associated with allowing you to enter this country and since you are already in this country this should not present any difficulties, unless you plan to leave and join the company while you are outside this country. Your visa issued while on the first status will become void the day you join the second company, but your stay and working rights for the second company are still valid. Take the instance of getting layed off or fired. In this case INS allows you two months within which you have to get a new job and apply for status. |> (d) how long would it take to get H-1 the second time? Around 45 working days according to INS language. Should be around a month depending upon which area/zone INS office you apply. ---------------------------------------------------- Reg. your posting on the net, yes you can switch jobs while on an H-1 visa. Technically when you switch, your H-1 becomes invalid and you need to get a new H-1. In practise it is fairly simple, if you are working for Employer #1 and get a better (more interesting offer) from Employer#2, you can accept the second job offer and then re-apply with INS Vermont for a new H-1. You can do this provided you do not exceed 6 yrs of work with the first employer. It is not your job to tell the INS that you are quitting the first job and hence invalidating your existing H-1. (It is the employer's responsibility). (In fact, I did just what I mentioned above :-)). ---------------------------------------------------- >(a) would it be possible to obtain another H-1 visa? Yes... But only one visa will be valid at a time... >(b) can I obtain the new H-1 visa for my second job while I am working > on my first job? I assume you can apply for it, but as soon as the other one is granted, you will loose the first one. Check with the lawyer processing your H1 petition. >(d) how long would it take to get H-1 the second time? Same amount of time as it took for the first one. The new employer will also have to go thru the labor certification process... From: dasu@sscux1.ssc.gov (Sridhara Dasu) Newsgroups: alt.visa.us Subject: Re: SUMMARY OF REPLIES : Changing employer while on H-1 Message-ID: Date: 13 Aug 92 20:13:44 GMT In article <1992Aug13.133621.27758@risky.ecs.umass.edu> vaidya@ganzer.ecs.umass.edu () writes: From: vaidya@ganzer.ecs.umass.edu () Date: Thu, 13 Aug 1992 13:36:21 GMT (a) would it be possible to obtain another H-1 visa? Yes. I did it. I worked for Stanford on H-1 and I am now in UW-Madison (b) can I obtain the new H-1 visa for my second job while I am working on my first job? Yes. UW-Madison applied for my H-1 while I was still with Stanford (c) As I understand it, an H-1 visa is associated with a particular job/employer. This seems to lead to a difficult situation. I cannot take up the second job until I have an H-1 visa for that job; and I cannot get that visa unless I give up the first job. And if I give up the first job, until I get the next H-1, I would not have a legal status !!!! Is there a way out of this ???? No you don't have to give up job 1, while job 2 H-1 is being processed. Ofcourse, H-1 for job 1 should still be valid. (d) how long would it take to get H-1 the second time? The same amount of time as for the first H-1. i.e. about 1-2 months - Sridhara Dasu From: giroti@sw.stratus.com (Sudhir Giroti) Newsgroups: alt.visa.us Subject: Re: Changing employer while on H-1 Message-ID: <5712@transfer.stratus.com> Date: 19 Aug 92 22:37:52 GMT Hi: I'm no expert but take it as it comes. My info is not VERY latest though. You say: > - nitin vaidya vaidya@ecs.umass.edu 413-545-4352 > > I plan to take up a temporary job (about 2 year duration). During this > job, I will be changing from F-1 to H-1 status, but the employer is NOT > going to sponsor me for a green card. === > > When (and if) I CHANGE my job at the end of the 2 year period ---- > > (a) would it be possible to obtain another H-1 visa? First of all status and visa are not synonyms. Visa you generally get from another country to enter US and status is what you change to while within the US. So coming back to your question YES you can apply for H1-B status for another company. Maximum span for H1 is five years. People generally get it for 3 years and upon expiration extend to to another 2 years. > (b) can I obtain the new H-1 visa for my second job while I am working > on my first job? NO you generally get H1 visa or H1 status because your employer wants to hire you on a temp basis (max 36 months 1st time) in order that you can do the job you have to do AND for which no appropriately qualified US citizen could be hired [found]. So you must leave your first job before hopping on the next. > (c) As I understand it, an H-1 visa is associated with a particular > job/employer. This seems to lead to a difficult situation. I cannot > take up the second job until I have an H-1 visa for that job; and I > cannot get that visa unless I give up the first job. And if I give up > the first job, until I get the next H-1, I would not have a legal > status !!!! Is there a way out of this ???? I don't think so. You are allowed a one month grace period. Say you leave your job on 1st Jan then you have until 1st Feb to get another job and apply for H1. That's what's legal. Any comments from others. > (d) how long would it take to get H-1 the second time? > Prety much same time. > I would appreciate your reply. > > Thanks. > ---------------------------------------------------------------------- Sudhir Giroti These views are right top my head. Must be verified. Nothing claimed what-so-ever. regular disclaimers apply. ----------------------------------------------------------------------