Navigating Job Changes During H1B Transfer Delays

Considering a job change while your H1B premium processing is suspended can be a complex decision. As an SEO expert, it's important to provide accurate and actionable guidance. Here's what you need to consider.

Consult an Attorney

If you're contemplating a move, it is crucial to consult with an immigration specialist. Legal advice is vital to ensure compliance with immigration regulations and to minimize potential legal pitfalls. Always seek professional guidance before making any significant decisions.

It is generally advisable to proceed if you have all your documentation in order and are confident that the petition will be approved. Legal compliance is paramount, and you should not start working at a new employer until you have the necessary approval.

Understanding the Process

Legally, once you receive the receipt number for your transfer, you can begin working for your new employer. However, finding out the approval status can take anywhere from 6 to 8 months. This is because the process can involve Requests for Evidence (RFE), denials, or approval.

If everything goes smoothly and your petition is approved, there should be no issues. However, if your petition is subject to RFE and is ultimately denied, you may be forced to return to your previous employer, which could result in a violation of your status.

The worst-case scenario is if your previous employer drops the H1B petition after you start working at the new company. This could leave you without work and in a precarious legal position, as you would be out of status and required to leave the country immediately.

Therefore, if you are confident that the transfer will proceed without complications, taking the risk is an option, but it is one that should not be undertaken lightly.

Risk Management

If you decide to proceed, it is essential to manage the inherent risks. Here are some suggestions:

Schedule the H1B petition to be filed under premium processing to minimize delays, but be aware that this service is no longer available as of April 3rd, 2017. Most companies do not proceed with H1B petitions after an employee resigns, but there have been cases where this has happened. Before accepting a new offer, negotiate terms that include severance if the employer decides not to proceed with the H1B process. This ensures you are not left financially exposed.

While the risk is real, it is understandable to want to take advantage of a new opportunity. Ensure you have a contingency plan and that the new employer is trustworthy and committed to your process.

Conclusion

Starting a new job before your H1B transfer is approved can be risky, and it is advisable to seek professional advice. Consider all the potential scenarios and plan accordingly. Only take the leap if you are confident in the legal and financial stability.