Request for Question Clarification by
cynthia-ga
on
11 Jul 2005 00:56 PDT
Hi goruys,
I was going to post this as an Answer, but it's bad news, and I am the
messenger, so I'll only post it as the answer if you direct me to.
Although you can transfer to as many different employers as you like,
even have 2 or more applications pending, the prospective employers
are required to submit the 33 page Form I-129 that costs $185.00 --and
it sure looks to me as if it's a "new application." The fee could be
less if they have many H1b employees and opted to pay $750 (or more).
REFERENCE:
This is at the US Citizenship and Immigration Services web site:
H-1B Frequently Asked Questions
http://uscis.gov/graphics/howdoi/h1b.htm
..."
Who can an H-1B alien work for?
H-1B aliens may only work for the petitioning U.S. employer and only
in the H-1B activities described in the petition. The petitioning U.S.
employer may place the H-1B worker on the worksite of another employer
if all applicable rules (e.g., Department of Labor rules) are
followed. H-1B aliens may work for more than one U.S. employer, but
must have a Form I-129 petition approved by each employer.
What if the alien?s circumstances change?
As long as the alien continues to provide H-1B services for a U.S.
employer, most changes will not mean that an alien is out of status.
An alien may change H-1B employers without affecting status, but the
new H-1B employer must file a new Form I-129 petition for the alien
before he or she begins working for the new employer. [more at the
link] ..."
I-129, Petition for a Nonimmigrant Worker
http://uscis.gov/graphics/formsfee/forms/i-129.htm
I-129 Form: New Revised Version Required After April
http://www.usvisanews.com/articles/memo2401.shtml
THIS IS INTERESTING AS WELL:
H1B Visa Transfer
http://www.h1base.com/page.asp?id=41
Note first paragraph cites new legislation that Clinton passed in 2000.
The important parts are here:
..."H-1B nonimmigrants may change jobs upon the filing of a new
petition by the new employer as long as the individual is in lawful
status at the time of filing and has not engaged in any unauthorized
employment since his or her last lawful admission
Allows individuals who have filed for adjustment of status and whose
cases have been pending for 180 days or more to change jobs or
employers without affecting the validity of the I-140 or underlying
labor certification, as long as the new job is in the same or a
similar occupational classification to the job in the original
petition and labor cert.
You might be asked to submit the following documents:
· One or two latest pay stubs.
· Copy of your existing H1 approval.
· Passport copies.
· Copies of I-94 records.
· Copy of Social Security Card.
· Latest Resume.
· Copy of existing valid visa.
· Copy of all your Diploma/Degrees.
Once your transfer is submitted with the INS, it normally 3 to 8
weeks, or in some case a little more time. The time varies depending
upon the location of employment and the processing office...."
Also, these questions and answers will interest you:
..."
1)I am currently on an H-1B visa through Company 'A'. I am considering
another offer from company 'B'. Do I need a new H-1B visa? When can
I start working for company B?
No, you do not need a new H1B visa, the existing one will be
transferred. According to a recently passed H1B bill you can now
start working for company 'B', upon the receipt of you H1B transfer
case.
2) Upon approval of H1 transfer, is there any time limit to join the new company?
Once your H1 transfer is approved, there is no joining time limit. It
is totally up to you, when you want to report to work for the new
Company.
3) Does the H1B Cap affect the H1 transfer process?
No, the H1 transfer is a separate process, and it has nothing to do
with H1 cap. It is a transfer of your existing H1 approval to a new
company and is not a ?new? H1B.
4) I just got my approval notice for my H-1B transfer. It doesn't have
a new I-94. What should I do?
An I-94 is issued when you enter US, which contains a specific expiry
date. It can only be issued if the existing I-94 has expired. In case
of H1 transfer, it is possible that your I-94 is still valid. Hence,
you won't be issued another.
5) Do you need to inform your present employer about your Visa
Transfer? Is there any way that my current employer can come to know
about my H1b transfer?
No! its not required to inform your current employer, and neither do
they need to know about the transfer.
6) Is there any limit for the number of times I transfer my H1B visa?
There is no such limit, you can apply for as many transfers as you want.
..."
Let me know if this is a satisfactory answer...
~~Cynthia
Search strategy used at Google:
"H1B visa" transfer
