Legal Question in Immigration Law in California

Re: H 1B Visa Transfer

You do not even need to wait for the receipt notice, really. The rule states that the person may switch employers based ona case that is "filed' with the BCIS. Therefore, as long as you have evidence that it was filed, ie. FED EX routing number, you should be legally compliant. Feel free to e-mail or call.

Gabriel D. Jack, Esq.

[email protected]

650.743.6296

Re: H 1B Visa Transfer

Ricky,

The American Competitiveness in the 21st Century Act (AC21) allows an H1B visaholder to begin new employment upon the filing of a change of H1B employer petition. As long as you have the proof of proper filing, which can be the BCIS (formerly INS) receipt notice, or even a FedEx receipt, the worker may begin employment.

With respect to paying the employee the salary offered, if the employee is actually paid less than what the employer is required to pay as the "prevailing wage," the employee may file a complaint with the U.S. Department of Labor. As far as a breach of contract claim is concerned, I don't know how strong the worker's case would be, particularly if no employment contract was signed.

The fee for premium processing is $1,000. So with the regular filing fee for an H1B petition ($1,130), the total fee would be $2,130. This amount is generally not included with an attorney's fees.

If you have any additional questions, please feel free to contact me.