As a new H1b employee, Should I switch job in just 3 months?

[rashi.sharma]

Hi,

I just got my H1b done and flew to USA around 3 months back.

Now I am not liking the work and salary offered to me in the current company.

My previous company's US office has a suitable opening for me and I am thinking of getting my visa transferred to the older company.

My question is:

1) Is it ok to transfer H1b visa in such a short time?

2) Is there something like a job history which employers maintain and such a move will ruin that history (like credit history)?

3) Most importantly, can my current company cause problems in my visa status if they so wish?

Please advice.

Thanks in advance!!

[metroguy]

You can chance even on the first month of joining provided you have the paystubs

[rahul412]

My question is:

1) Is it ok to transfer H1b visa in such a short time?

2) Is there something like a job history which employers maintain and such a move will ruin that history (like credit history)?

3) Most importantly, can my current company cause problems in my visa status if they so wish?

1. You can transfer your H1 any time.

2.You have a good reason for this transfer, no need to worry about that.

3.Don't let your current employer know unless and until your new H1 is approved. And also make sure that you didn't sign any agreement with your current employer.

[Attorney_10]

For immigration purposes, there is no minimum limit an H1B beneficiary must work with the sponsoring employer before changing to a new H1B employer. However, the H1B beneficiary must maintain valid H1B status at all times. Generally, the H1B beneficiary may not begin work with the new sponsoring employer until the H1B petition is filed with USCIS. The safest option is to wait until the new petition is approved before changing employers. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts of your case and the best strategy for changing to a new H1B employer.

[rashi.sharma]

I have the recent paystubs, SSN and US driving license.

But my current employer did sign a contract that I have to pay the entire H1b expenses if I quit within an year.

I have no idea how much that amount would be.

Can someone please provide me a rough estime of that amount?

Some Information:

My H1B was filed in the premium category.

I got an RFE which was sorted out by my current company's attorney by providing USCIS experience letters of my previous companies and an evaluation of my education certificates from a certified college professor.

[rahul412]

But my current employer did sign a contract that I have to pay the entire H1b expenses if I quit within an year.

that's illegal. You are not supposed to pay the H1 expenses.

[omshiv]

I have the recent paystubs, SSN and US driving license.

But my current employer did sign a contract that I have to pay the entire H1b expenses if I quit within an year.

I have no idea how much that amount would be.

Can someone please provide me a rough estime of that amount?

Some Information:

My H1B was filed in the premium category.

I got an RFE which was sorted out by my current company's attorney by providing USCIS experience letters of my previous companies and an evaluation of my education certificates from a certified college professor.

your company has been kind enough to sponsor by paying additional $1,000 by sponsoring in Premium processing..and then also responding to the RFE...its not ethical because of greed to leave them...they would be right in asking you to pay part payment of H1 cost...atleast the Premium processing costs.

[rahul412]

your company has been kind enough to sponsor by paying additional $1,000 by sponsoring in Premium processing..and then also responding to the RFE...its not ethical because of greed to leave them...they would be right in asking you to pay part payment of H1 cost...atleast the Premium processing costs.

Their is nothing unethical. Employer can fire an employee at any time,and employee and find another job at anytime.

If finding another job for more money is greed, then what about the people who pay for their H1 and GC processing fee.

[0407]

Employer can recover Premium Processing fees, attorney fees and any education evaluation or expert opinion fees ( that might have been filed by employer).

They can recover this legally if by recovering this they do not cause your salary to fall below the prevailing wage. This is for sure true in California. I have had first hand experience. And again, this was not a desi consultant. This is a NSADAQ listed company.

[rashi.sharma]

Employer can recover Premium Processing fees, attorney fees and any education evaluation or expert opinion fees ( that might have been filed by employer).

They can recover this legally if by recovering this they do not cause your salary to fall below the prevailing wage. This is for sure true in California. I have had first hand experience. And again, this was not a desi consultant. This is a NSADAQ listed company.

Can you please give me a rough idea of how much amount did they recover from you?

Such an idea will be immensely useful to me.

[0407]

Attorney fees was 2000$, Premium processing was 1225$. Education evaluation was 85$, other postage

charges were around 50$. The attorney was based in Illinois Chicago as company is head quartered there.

Attorney fees might be higher in California bay area. If you with a desi shop, they would try to recover

even the filing fees. Don't heed to it. Even attorney and other fees I mentioned above can be recovered

only if your (salary - amount recovered ) > prevailing wage specified in your LCA.

From my personal experience I can tell you that it is not worth sticking to a job just because of

these fees which you need to give back

[rashi.sharma]

Thanks a lot "advanced member"

So that means at max, all these visa related fees would be around $4000

I am ok with paying these fees.

I only hope they do not ask for the 1st month insurance and hotel charges too :(

[0407]

If your employment agreement stated that you need to reimburse the relocation

expenses and if hotel stay was part of relocation, they might ask for it.