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Re: swiss-list: Change of company while on H-1B

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Re: swiss-list: Change of company while on H-1B

From: Michael Rudolf <click for textversion of email address >
Date: Tue, 2 Sep 2003 08:31:44 -0700

Chris

I do not agree with Jeroen's point of view. I was on a H-1B visa in 2000
when I changed jobs. Absolutely no problem (at that time). Although you
still have to go through the approval process you are allowed to start
working with your new employer immediately. Clinton signed late in his
presidency a amendment that allowed exactly this kind of transfer from one
employer to the other without having full approval of your new H-1B
application. But keep in mind this is only true if you have been granted
H-1B status before. Second, make sure it is not changing next month when
some of the rules for H-1B will change (e.g. the number of H-1B granted
each year). The process is called 'portability rule'. If you search the
BCIS homepage (former INS) or the internet with this term you should get
some information. There are a lot of immigration law offices on the
internet that post a vast amount of information on their web pages.

See also the following article:
http://immigration.about.com/library/weekly/aa030902b.htm

With regard to the green card process I can say that my lawyer told me 2
months ago that a transfer of a green card application from one employer to
the next is absolutely possible. This rule changed I think this year, but
it is always good to check first with a professional immigration lawyer
before banking on things like this. There are so many little quirks in the
law and essentially every case is different, it is hard to predict if you
qualify for a complex process like this or not. But in general it is
possible and doable (at least for a lawyer for a modest fee..........)

Good luck

Michael P Rudolf, PhD.
Scientist II, Tumor Immunology
IDEC Pharmaceuticals Corp
3010 Science Park Road
San Diego, CA 92191-9080
Tel: 858-431-8481
Fax: 858-431-8715
e-mail: mrudolf_at_idecpharm.com

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Received on Tue Sep 02 2003 - 10:57:28 PDT

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