Legal Question in Immigration Law in New York

work visa change employers

Hi:

Just this year i was approved for the H1B but i have not received my card yet (i did get the confirmation letter that i was selected and approved), i re-applied for the card again about 3 weeks ago but i havent heard anything, do you know how long it takes?

Also i do plan to change employers because my current one is not doing well financially. I was wondering once i change employers how long do i have to report that to immigration and what would the process entail (just in case i get asked these questions on a job interview)

Thanks


Asked on 10/03/07, 7:35 pm

1 Answer from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: work visa change employers

Not sure what card you are talking about. Generally, I-797 approval notice (which contains a new I-94 arrival departure card to replace your old one) is all you need for your H-1b status. If you depart from the U.S., you can then get an H-1b visa stamp in your passport.

If you change your employers, your new employer would have to petition for you. You do not need to report anything to USCIS as employees are generally not involved in this process, but you do have to stay in active H-1b status before the transfer (meaning you have to be employed and paid by your current employer at least until the new one files a petition for you). If you are in a valid H-1b status, the new employer may start employing you upon receiving the receipt for its I-129H filing. If your new employer is not familiar with the process, suggest that it retain a business immigration attorney.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 10/03/07, 11:07 pm


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