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Date: Mon, 01 Sep 2003 12:34:21 -0700
Hi Christian,
The quick answer is yes: you have to go through another visa process with
your new company. During this new process, if you stay in the US, the INS
will actually see it as a change of status, which they do not like very
much. They will advise you to apply for the new H1B at the US consulate in
CH. If you lose the new application, you will still have your first H1B with
your original company (so don't tell them that you are leaving until your
new H1B is approved, just in case you have to stay with them).
Another problem with changing companies is that any greencard application
based on your first H1B will be discarded as soon as the new H1B is
approved. So you would have to restart the greencard process as well. This
became painfully clear to me when I had to reject 2 wonderful job offers in
the booming 90's for this one reason.
All in all, I would not recommend coming to US on a H1B if you are not
fairly certain that you want to stay with your company until you have a
greencard or until you return to CH. This is also the key reason why on
average the H1B workers have been underpaid compared to US or greencard
counterparts. It is part of the calculation you have to take into
consideration.
Hope this helps. My information is from pre-9/11. Perhaps, some of these
rules have changed since 2001.
Jeroen
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Received on Mon Sep 01 2003 - 14:45:15 PDT
