From: vaidya@ganzer.ecs.umass.edu ()
Subject: SUMMARY OF REPLIES : Changing employer while on H-1
Organization: University of Massachusetts, Amherst
Distribution: usa
Date: Thu, 13 Aug 1992 13:36:21 GMT


Summary
-------

(a) If anyone has more information, please post or reply to
    vaidya@ecs.umass.edu
(b) for the benefit of the readers, I am repeating my original question
    here, followed by the replies I received.
(c) I thank all those who replied.
    I have intentionally left out the names of the senders, as I am not
    sure they would want me to post their names.

- nitin

--------------------------- original posting ------------------------

Hello everyone,

I have a question regarding the H-1 visa. Please reply to
	vaidya@ecs.umass.edu

I plan to take up a temporary job (about 2 year duration). During this
job, I will be changing from F-1 to  H-1 status, but the employer is NOT
going to sponsor me for a green card.                                ===

When (and if) I CHANGE my job at the end of the 2 year period ----

(a) would it be possible to obtain another H-1 visa?
(b) can I obtain the new H-1 visa for my second job while I am working
    on my first job?
(c) As I understand it, an H-1 visa is associated with a particular
    job/employer. This seems to lead to a difficult situation. I cannot
    take up the second job until I have an H-1 visa for that job; and I
    cannot get that visa unless I give up the first job. And if I give up
    the first job, until I get the next H-1, I would not have a legal
    status !!!! Is there a way out of this ????
(d) how long would it take to get H-1 the second time?

I would appreciate your reply.

Thanks.

- nitin vaidya     vaidya@ecs.umass.edu   413-545-4352

---------------------- replies ---------------------------------------

	Lets resolve the difference between status and visas. Visas are required
to enter the country. While a status will allow you to live in this country
under some specific status affording you some rights and restrictions.

|> (a) would it be possible to obtain another H-1 visa?
	If you meet all the job/INS criterions, which are no different from the
first, you should.

|> (b) can I obtain the new H-1 visa for my second job while I am working
|>     on my first job?
   Yes. If not you will fall out of status. At any given time you need to be
   in  a given status. It's illegal to be out of status. 

|> (c) As I understand it, an H-1 visa is associated with a particular
|>     job/employer. This seems to lead to a difficult situation. I cannot
|>     take up the second job until I have an H-1 visa for that job; and I
|>     cannot get that visa unless I give up the first job. And if I give up
|>     the first job, until I get the next H-1, I would not have a legal
|>     status !!!! Is there a way out of this ????

	You can apply for a second status when you are on a status. The second
status starts the day you start the second job.  Since visas are associated
with allowing you to enter this country and since you are already in this
country
this should not present any difficulties, unless you plan to leave and join 
the company while you are outside this country. Your visa issued while on the
first status will become void the day you join the second company, but your
stay and working rights for the second company are still valid. 

	Take the instance of getting layed off or fired. In this case INS allows
you two months within which you have to get a new job and apply for status.

|> (d) how long would it take to get H-1 the second time?

	Around 45 working days according to INS language. Should be around a
month depending upon which area/zone INS office you apply.

----------------------------------------------------

Reg. your posting on the net, yes you can switch jobs while on an H-1
visa.  Technically when you switch, your H-1 becomes invalid and you need
to get a new H-1.  In practise it is fairly simple, if you are working 
for Employer #1 and get a better (more interesting offer) from Employer#2,
you can accept the second job offer and then re-apply with INS Vermont
for a new H-1.  You can do this provided you do not exceed 6 yrs of work
with the first employer.  It is not your job to tell the INS that you
are quitting the first job and hence invalidating your existing H-1.
(It is the employer's responsibility).

(In fact, I did just what I mentioned above :-)).

----------------------------------------------------

>(a) would it be possible to obtain another H-1 visa?
Yes... But only one visa will be valid at a time...

>(b) can I obtain the new H-1 visa for my second job while I am working
>    on my first job?
I assume you can apply for it, but as soon as the other one is granted, you 
will loose the first one.  Check with the lawyer processing your H1 petition.

>(d) how long would it take to get H-1 the second time?
Same amount of time as it took for the first one.  The new employer will also
have to go thru the labor certification process...