Nonimmigrant related Frequently
Asked Questions
I am on H-1B and I want
to change my employer. What is the process and how long will
it take?
If you are in the United States on an H-1B visa and would
like to change employers, your prospective new employer must
file a petition on Form I-129 requesting classification and
extension of stay for you in the US.
If the new petition is approved, the extension of stay may
be granted for the duration of the validity of the new approved
petition, subject to the limits on the total length of stay
of an H-1B alien.
Under the new law AC21, you can, however, begin your new employment
with your new employer once the petition is filed with the
INS as long as the employment is under same category and same
occupation. It is prudent to wait and start new employment
upon receipt of filing of the petition with the INS. (This
is the change)(Do not type these comments in parenthesis-
these are for your information only).
The length of the process would be similar to the length of
the H-1B process in general.
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