Re:The Talent Shortage Myth and Why HR Should Get Out of the...
by ktsmith on Wednesday April 03, 2013 @01:24AM
(#5484396)
H-1B holders can transfer jobs even after applying for permanent residency. American Competitiveness in the 21st Century Act allows for this specifically. There are provisions:
New Employment must be the "same or similar" classification
Form I-140 has been approved or is approvable when filed with I-485
Form I-485 has been pending for at least 180 days
The employee needs to file a Form I-129 and will need to provide their new employer their original I-94, passport, and Form I-129 filing receipt to properly document work authorization.
Most HR departments fuck this up and many immigration attorneys fuck this up but it's completely possible.
Most HR departments fuck this up and many immigration attorneys fuck this up but it's completely possible.