Please read below info
kcnagaraju said:
Hi gurus,
Sorry to post the wrong question here. But, please help me with the following;
1. I have been laid off today and my I140 should be approved by next month and I am on 7th year extn. If I join another employer can I stay here till my H1 expires?
2. Is it possible to file a new PERM from new employer in the above case?
Please reply, Thx in advance.
** H1B visa holders can change employers as soon as a H1B petition is 'submitted' to the INS by the new employer **
New H1B bill approved in the senate and House
The senate voted 96-1 to approve the new H1B bill S.2045
The House of Representatives passed the H1B visa bill (S. 2045) on a voice vote.
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.
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.
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.
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.