Changing Job

T

tunnvar

Registered Users (C)
Can anybody help me here. I had a question about changing jobs after marriage to a US citizen.

If I have a valid H1B Working Visa (with 18 months to run) and are due to marry soon, can I change my job once married without any problems before my green card papers are all approved? (not sure how long this process is). Or, would I have to wait until all my papers are filed and approved before seeking new employment?

Apologies that I am not up on all the different forms and documentation that are involved in the green card process since I only just got engaged and this is new to me.

Any help here would be great, thanks.
 
You can only change jobs with a H1B if your new employer is willing to sponsor a transfer of your H1B. Your current H1B is specific to your current employer. If they aren't then you have to wait for approval of your EAD provided you applied for one. If you didn't you might want to think about applying for one. They take usually about 90 days. Don't change your job until you get a new H1B/EAD/GC.
Also worth noting is that the cap of H1Bs has been reached for 2007 so unless your prospective new employer is an academic institution you won't be able to get a H1B.
 
Cheers Irish,

The thing is though, I'm planning on getting married soon. So do I just apply for the EAD after marriage, then change job once I have the EAD card approved and in hand? Do you apply for the EAD before, after or at the same time as all the Green Card documentation once you are married?
 
I have a job offer on the table too, so I'm trying to figure out what I can and cannot do.
 
tunnvar said:
Cheers Irish,

The thing is though, I'm planning on getting married soon. So do I just apply for the EAD after marriage, then change job once I have the EAD card approved and in hand? Do you apply for the EAD before, after or at the same time as all the Green Card documentation once you are married?
Click to expand...

You have to wait until you are married. You can file your I130 (petition for an alien relative) I485 (Adjustment of status) and your EAD all at one time but you have to wait until you have your EAD in hand before you can change jobs.
I know you have a job offer but unless its a university or some sort of other higher education institution that is willing to sponsor a transfer of your H1B your best bet would be to hold off the offer until you get the EAD.

I know its frustrating because I am in sort of the same situation. I got a job offer right as I was about to file for AOS but my new employer (a university) wasn't willing to wait for my EAD to come through so applied for a transfer of my H1B
 
A friend of mine here got his EAD, or EAC (employment authorisation card) as he called it, in about 10 days after applying for it. Does that sound right?
 
It depends on what circumstance you are applying for it. If it is an EAD for F1 OPT less than a month sounds right. If it is for adjustment of status for a green card don't expect it in anything less than about 70 days. Numerous statistical analyses have been done on it around here.....check out some of myredskins threads!!!!!
 
Sorry mate, could you explain what an EAD for an F1 OPT is. I really appreciate your input but please excuse my ignorance with the lingo.
 
tunnvar said:
Sorry mate, could you explain what an EAD for an F1 OPT is. I really appreciate your input but please excuse my ignorance with the lingo.
Click to expand...

F1 is a student visa. While you are on this visa or after you are done with your studies you are entitled to work for a year under a scheme known as Otional Practical Training. The EAD comes for it a lot quicker than it does for a green card
 
Last edited by a moderator:
I would definately transfer your h1b from company 1 to 2 without subject to quota. You can basically work once they (company 2) received the receipt from INS. While the whole transfer, you should also apply for EAD too.
 
Thanks Fellas,

Does switching the H1B require further approval in order for you to legally work with the new company, or can you go and work as soon as you file for the switch and get the receipt, regardless of approval? Also, do you have any idea of any costs that this incurs?

Again, please excuse my ignorance on the whole subject, I appreciate your help.
 
tunnvar said:
Thanks Fellas,

Does switching the H1B require further approval in order for you to legally work with the new company, or can you go and work as soon as you file for the switch and get the receipt, regardless of approval? Also, do you have any idea of any costs that this incurs?

Again, please excuse my ignorance on the whole subject, I appreciate your help.
Click to expand...

ONce upon receipt you can work for company B. There is some cost for transfering h1b visa. I am not sure...check on USGIS for fee + cost for using lawyer or not
 
You must log in or register to reply here.
Top