Change of Employer while H1B being filed

[azs 0]

HI Carmel34,

 

I will be giving them 2 weeks notice, got a new TN yesterday. deadline for H1B for companies to file is April 1st,  that is the same day I want to resign. 

Issue is that I do not want to tell them before march end, reason is that when I joined my annual pay was divided in fixed / year and a portion was bonus, it will be allocated on march 31st. I think they did that for tax purposes not exactly sure.

now it is not a bonus as per say but part of my annual pay. do not want to lose that, hence the dilemma. 

 

Anyhow I understand from the comments posted here:

 

- H1b lottery selection  is of no use before actual petition is approved and it has to be when you are with the same company.

- After H1b is completed you can move to difference company, other employer can submit amendment ( change of employer).

- If your name is not selected in H1B lottery, employer gets the money back. ( this is something i know).

 

 

have to find  creative way of handling this.

 

 

 

 

 

 

 

 

 

 

 

 

 

[SusieQQQ 11,584]

How to burn bridges 101. 

[Mollie09 1,543]

19 hours ago, carmel34 said:

If you have decided to resign from your current job it would be courteous to tell them now, heck, that's less than a week from now.  Don't most employers like at least a two-week notice?  You're only going to give them a few days?  Tell them now so they can cancel the H1B application since it is very expensive and won't help you at all after you leave that company.  An H1B application is connected to a specific company, a specific job, so when you leave that application is pointless and will waste money for them.  It may already be too late since they may have already paid the fees.  Why didn't you tell them as soon as you accepted the other job with a TN?  The may take the fees out of your last pay check so be ready for that.

That's very illegal.

[Mollie09 1,543]

17 hours ago, azs said:

HI Carmel34,

 

I will be giving them 2 weeks notice, got a new TN yesterday. deadline for H1B for companies to file is April 1st,  that is the same day I want to resign. 

Issue is that I do not want to tell them before march end, reason is that when I joined my annual pay was divided in fixed / year and a portion was bonus, it will be allocated on march 31st. I think they did that for tax purposes not exactly sure.

now it is not a bonus as per say but part of my annual pay. do not want to lose that, hence the dilemma. 

 

Anyhow I understand from the comments posted here:

 

- H1b lottery selection  is of no use before actual petition is approved and it has to be when you are with the same company. Correct

- After H1b is completed you can move to difference company, other employer can submit amendment ( change of employer). Incorrect

- If your name is not selected in H1B lottery, employer gets the money back. ( this is something i know). Wasn't like that back in my day, but that was a while ago

 

 

have to find  creative way of handling this.

 

 

No such thing as an H1B transfer, only not counting against the cap after the first time. Each H1B application starts from scratch, no such thing as an amendment to change employers.

Edited March 27, 2019 by Mollie09

[geowrian 22,335]

53 minutes ago, Mollie09 said:

- If your name is not selected in H1B lottery, employer gets the money back. ( this is something i know). Wasn't like that back in my day, but that was a while ago

I'm not sure about the USCIS fee part (the company's attorney handles this piece).

There's no attorney I've ever heard of that gives money back after services are rendered.

[Boiler 43,429]

6 minutes ago, geowrian said:

I'm not sure about the USCIS fee part (the company's attorney handles this piece).

There's no attorney I've ever heard of that gives money back after services are rendered.

Well if it does no make the lottery there will ne no processing fees but as you said this is a tiny part of the cost.

[azs 0]

17 hours ago, SusieQQQ said:

How to burn bridges 101. 

not exactly, my employer wants me to move relocate, and I told them this is something I won't be able to do; hence I was looking for alternate options.

the query was just about the timing.

[azs 0]

8 minutes ago, Boiler said:

Well if it does no make the lottery there will ne no processing fees but as you said this is a tiny part of the cost.

this is what I read online:

 

How Can I Get a Refund?

Usually, the USCIS keeps the filing fees even if your petition is denied. However, there is an H-1B processing fee refund for all petitions that were not selected in the annual lottery. Other circumstances for a fee refund include:

• If the USCIS requests a form that was not necessary and asked for a fee
• If the amount requested was more than the appropriate amount
• If the USCIS fails to adjudicate a petition that was filed with an H-1B premium processing fee in 15 calendar days.

[azs 0]

19 minutes ago, geowrian said:

I'm not sure about the USCIS fee part (the company's attorney handles this piece).

There's no attorney I've ever heard of that gives money back after services are rendered.

here is one link that talks about the fee:

 

 

https://www.immi-usa.com/h1b-visa-processing-fees-2016/

 

[Boiler 43,429]

As has been said the chump change bit anyway.

[azs 0]

1 hour ago, Mollie09 said:

 

No such thing as an H1B transfer, only not counting against the cap after the first time. Each H1B application starts from scratch, no such thing as an amendment to change employers.

https://www.path2usa.com/h1b-transfer

 

This article outlines the H1B transfer process, or in other words, how H1B visa holders can change employers while maintaining H1B status in the United States.

As a result of the American Competitiveness in the 21st Century Act (AC21), H1B visa holders were given increased portability of their visa status, allowing for H1 transfer. AC21 allows H1B workers to file a petition to change employers, given that the petition is filed before their current H1B work authorization period expires. Once an H1B employee has a job offer and a new Form I-129 petition is filed, his or her H1B visa status may be transferred through the new company and he or she may begin working for the new employer upon approval by USCIS.

H1B visa transfers are not affected by the H1B cap. Employees who apply for H1B change employer do not have to be reselected in the H1B visa lottery.

[Boiler 43,429]

I am intrigued, did you read any of the replies?

[WeGuyGal 1,052]

5 minutes ago, azs said:

 

https://www.immi-usa.com/h1b-visa-processing-fees-2016/

 

 

3 minutes ago, azs said:

https://www.path2usa.com/h1b-transfer

 

Neither are official govt sites, both cater to very India-centric audiences. Both these sites still list b2 visa sponsorship. That's where they lost me. 

[SusieQQQ 11,584]

16 minutes ago, azs said:

not exactly, my employer wants me to move relocate, and I told them this is something I won't be able to do; hence I was looking for alternate options.

the query was just about the timing.

Yup, the timing being : get paid a bonus then jump ship. 

I've seen enough people do this to know resigning the day after you get paid a bonus does burn bridges. Maybe worth while doing if the bonus is six figures like investment banking, then it’s kind of expected haha 

And you never know who you end up working with /interviewing with one day down the line.  Funny thing is the boss who treated my husband like **** came interviewing for a job at his current company and they asked him what he thought .... even in a big job market like the US, the world is small.

Anyway, good luck.

Edited March 27, 2019 by SusieQQQ

[azs 0]

1 minute ago, SusieQQQ said:

Yup, the timing being : get paid a bonus then jump ship. 

I've seen enough people do this to know resigning the day after you get paid a bonus does burn bridges. And you never know who you end up working with /interviewing with one day down the line. 

Anyway, good luck.

no it is not a bonus as it is part of annual pay that employer committed, they divided into annual pay and bonus.

my offer letter says e.g: 100K / year.  in later pages they say 85K will be allocated for monthly pay, 15K will be paid out as bonus. so for me it is all my annual income.

 

thanks.