H1B change of employer

S

sabg_80

New Member
Hi Rajiv - really appreciate all your help so far and I am sure you have answered these questions probably many times in the past. However I couldn't find it on the blog and was hoping if you can confirm my understanding. I am planning to change employer (Employer B - new employer) and currently working for Employer A with whom I have a valid H1B and my I-140 has been approved in 2017 as well. So couple of questions here
  1. In case my H1B for the new employer (Employer B) gets rejected/denied should I still be able to work with Employer A without any issues? As far as I have learnt it should not matter - is that a correct assumption?
  2. Also, if Employer B is a small US based product consulting organization (approx 30 employees and no offshore/onsite model) do the chances of H1B rejection/denial become higher? And any impact on my new Perm/I-140 for the new employer based on the size of the new employer? Also I would be their first H1B candidate just so you know.
Thanks again!!
 
Once you leave your current employer, that employer is required by law to notify USCIS you are no longer employed with them and revoke your H1b. If that employer decides to rehire you at a later date, they file a new cap-exempt H1b petition along with a new filing fee.
 
1AurCitizen said:
Once you leave your current employer, that employer is required by law to notify USCIS you are no longer employed with them and revoke your H1b. If that employer decides to rehire you at a later date, they file a new cap-exempt H1b petition along with a new filing fee.
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What if I do not leave my current employer since I am not planning to join the new employer without an approval? Is that going to impact my current H1B in that case?
 
Upon filing change of employer petition & receive H1B receipt, you are allowed to work for employer B. Now things does not works however the way you want. Once you have employer B file petition you are going to quit employer A & by law employer A is suppose to inform USCIS that you quit working. This is like catch 22 situation. You need to be very careful. As long there is bona fide job from employer B (employer size does not matters), you are good to quit A. Employer B has to redo I-140 for you.
 
whitemimauz3 said:
Upon filing change of employer petition & receive H1B receipt, you are allowed to work for employer B. Now things does not works however the way you want. Once you have employer B file petition you are going to quit employer A & by law employer A is suppose to inform USCIS that you quit working. This is like catch 22 situation. You need to be very careful. As long there is bona fide job from employer B (employer size does not matters), you are good to quit A. Employer B has to redo I-140 for you.
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Perfect really appreciate the response. However I guess the question is - do I need to quite Employer A once my new Employer B files a transfer petition? Is this required or can I wait for the H1B petition decision from Employer B before I quit Employer A? Makes sense?
 
It helps to be careful jumping ship from one employer to another. Make a change only if required, and the employer is reputable with a readily available job. Avoid consultancies (there are many that tend to be shady and appear to be run by Indians or Indian-Americans). Avoid these. USCIS has been issuing more RFEs than ever before and cracking down on the shady stuff.

What gets me is why jump ship when an employer filed an I140 and willing to hire for a permanent position?
 
1AurCitizen said:
It helps to be careful jumping ship from one employer to another. Make a change only if required, and the employer is reputable with a readily available job. Avoid consultancies (there are many that tend to be shady and appear to be run by Indians or Indian-Americans). Avoid these. USCIS has been issuing more RFEs than ever before and cracking down on the shady stuff.

What gets me is why jump ship when an employer filed an I140 and willing to hire for a permanent position?
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What makes you think that I am not in a permanent position? I work for one of the biggest retailers and I am not moving to any shady consulting organization here. And in fact this is a niche product consulting firm not an IT service provider. Also to be honest I am not looking for any recommendation on what I should be doing or not. That's completely my decision and I would suggest not to pass in your opinion on this.

All I am asking here is what are the drawbacks or complications in this process and would really appreciate if anyone from Rajiv's organization or Rajiv himself or someone in the business of immigration answers these questions rather than someone like me.
 
sabg_80 said:
All I am asking here is what are the drawbacks or complications in this process and would really appreciate if anyone from Rajiv's organization or Rajiv himself or someone in the business of immigration answers these questions rather than someone like me.
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This is a forum, anyone is entitled to answer questions you post. I am sure you are able to consult Rajiv’s firm if you want personal legal advice? Or maybe you can get your question added to the conference call.
 
This is a moot question. When employer B petitions they need to provide previous petition number which is employer A's & now since employer B's petition has reached USCIS it is assumed & interpreted as if you stopped working for employer A & very soon will start working for employer B upon receipt. Therefore your idea about holding back until its approval to start working for employer B does not works. Remember this is change of employer petition.
 
sabg_80 said:
What makes you think that I am not in a permanent position? I work for one of the biggest retailers and I am not moving to any shady consulting organization here. And in fact this is a niche product consulting firm not an IT service provider. Also to be honest I am not looking for any recommendation on what I should be doing or not. That's completely my decision and I would suggest not to pass in your opinion on this.

All I am asking here is what are the drawbacks or complications in this process and would really appreciate if anyone from Rajiv's organization or Rajiv himself or someone in the business of immigration answers these questions rather than someone like me.
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What makes me think you're not in a permanent position with Emp A? The fact that you're planning to join another employer while Emp A has expended resources to petition you for a green card by filing an I-140. The law is fairly straightforward, and the member above is correct.

As Susie stated, this is a public forum. We offer advice based on what members post. You're welcome to heed that advice or ignore it, your decision. But I suggest that you avoid asking others not to post here. We are volunteers here, and we don't take crap from anyone.

I'm sure Mr Rajiv's firm could offer paid legal advice suited to your taste if you want to go that route.
 
1AurCitizen said:
What makes me think you're not in a permanent position with Emp A? The fact that you're planning to join another employer while Emp A has expended resources to petition you for a green card by filing an I-140. The law is fairly straightforward, and the member above is correct.

As Susie stated, this is a public forum. We offer advice based on what members post. You're welcome to heed that advice or ignore it, your decision. But I suggest that you avoid asking others not to post here. We are volunteers here, and we don't take crap from anyone.

I'm sure Mr Rajiv's firm could offer paid legal advice suited to your taste if you want to go that route.
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And I am not taking any crap from you as well. I don't need your personal advice and I am done. Let's close the thread here.
 
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