Can You Work for the Next Company Right After You Get Your H1B

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Can You Work for the Next Company Right After You Get Your H1B?

If a new employer has filed a Form I-129, H-1B Change of Employer Petition, on -your behalf, then a valid H-1B visa holder may transfer to another job as long as they are in lawful status and has not engaged in any unauthorized employment. There are restrictions, so please consult with an experienced immigration lawyer prior to changing employers. In general, though, you can begin working for your new employer without waiting for the approval of your H1B transfer petition. The filing of the H1B transfer petition is sufficient.

However, to avoid the instability that comes with the H-1b visa, consider upgrading to an EB-1A visa. The EB-1A visa, also known as the “Extraordinary Ability” visa, has several significant benefits, such as faster processing times, exemption from the PERM labor certification process, and the ability to self-petition without the need for an employer sponsor. Contact our office to discuss the EB-1A eligibility criteria. If you already have an approved Form I-140 from your EB-2 PERM Labor Certification process, then you can keep that priority date for your EB-1A visa petition.

If you have such things as awards, accomplishments, and recognition in your field, you may qualify for this visa category. Contact us for help in determining whether this visa is for you.

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Can You Work for the Next Company Right After You Get Your H1B