Latest News

  • Home
  • Global
  • Job-hopping in US gets tougher for H-1B holders
Job-hopping in US gets tougher for H-1B holders
Friday, May 3, 2019 IST
Job-hopping in US gets tougher for H-1B holders

HIGHLIGHTS
 
It is getting tougher for H-1B visa holders to switch jobs
Even if the new job is similar, the United States Citizenship and Immigration Services (USCIS), in several cases, has denied the application by the new employer on various grounds
The most common reason for denial is that the new position does not constitute a ‘specialty occupation’

 
 

It is getting tougher for H-1B visa holders to switch jobs. Even if the new job is similar and calls for the same set of skills, the United States Citizenship and Immigration Services (USCIS), in several cases, has denied the application by the new employer on various grounds. The most common reason for denial is that the new position does not constitute a ‘specialty occupation’.
 
The biggest challenge here is that the individual who is job-hopping could find himself or herself ‘out of status’, with a bar on entry in the US for three to ten years. Usha Sagarwala, an Indian citizen, had lived in the US since 2012 on an H-1B visa. When she sought to change jobs in 2018, the USCIS denied the new employer’s petition for transfer as the new position did not constitute a ‘specialty occupation’.
 
Recently, when she applied for preliminary injunction for retaining her H-1B status, till she pursued a law suit over her H-1B denial for the new job, the US Federal Court declined to intervene. The court noted that she had failed to substantiate the kind of economic harm that justifies the court’s intervention.
 
 
The Federal Court, in its order dated April 16, observed that the only piece of evidence that Sagarwala has submitted is a short declaration that focuses mostly on what will happen if she is forced to go back to India.
 
In her case before the Federal Court, Sagarwala stated that she relied on her salary to pay her $3,711 monthly mortgage and other expenses but she did not specify how much she relied on it. No information was available of her household income, or her current financial situation, the Federal Court stated.
 
For Indians who have a long wait for a green card, the ability to switch jobs is vital. Cyrus D Mehta, New York-based immigration attorney and founder of a law firm, explained the process to TOI . The new employer must file an H-1B petition all over again for the foreign worker and also seek an extension of the H-1B status. “The law allows the H-1B visa holder to port to the new employer after the filing, but it is best to wait for the approval before jumping ship,” he said.
 
“If the H-1B visa holder already starts working for the new employer and the transfer gets denied, then this could lead to an out-of-status scenario unless the old employer is willing to take back the worker under the previous H-1B approval, which may seldom happen,” added Mehta.
 

 
 

“An out-of-status scenario, for the H-1B visa holder and his or her dependents (such as spouse and children) would mean a three-to-ten-year bar from re-entering the country. The mechanism to redress an H-1B denial (including that of a transfer) is also highly inefficient,” said Rajiv S Khanna, managing attorney at Immigration.com.
 
“Typically, there is no grace period if the H-1B status has already expired by the time the denial intimation is received. If, however there is time remaining on the original H-1B approval with the old employer, the beneficiary will have a 60-day grace period or the time remaining on the original approval, whichever is shorter,” Khanna said.
According to Khanna, in case of denial, three choices are available. These are — refiling the denied case and hope for a better outcome the second time, filing an appeal or a lawsuit. The last two options are time consuming and often inadvisable..
 
“The silver lining is that H-1B premium processing, which requires USCIS to make a decision within 15 days, has been reinstituted. Therefore, an application can be made in advance of moving to a new employer to determine whether or not USCIS will approve the transfer request,” Mehta stated.

 
 
 
 
 

Related Topics

 
 
 

Trending News & Articles

 Article
'Worse than prison': A rare look inside China's detention camps to 'brainwash' Muslims

ALMATY: Hour upon hour, day upon day, Omir Bekali and other detainees in far western China's new indoctrination camps had to disavow the...

Recently posted . 206K views . 1 min read
 

 Article
What The Shape Of Your Belly Button Says About Your Health

If you have payed attention to the belly buttons of people on the beach or the members of your family, you have probably noticed that they have different shapes and...

Recently posted . 10K views . 2 min read
 

 Article
New ‘Langya’ virus hits China as 35 people found infected: How deadly is it?

The Langya henipavirus has a place with a similar group of infections, including Nipah, which is known to kill up to 3/4 of people in extreme cases.

Recently posted . 5K views . 1 min read
 

 Article
Queen Elizabeth Dies At 96: The New Royal Line Of Succession

Queen's death: The eldest of her four children, Charles, Prince of Wales, who at 73 was the oldest heir apparent in British history, became king immediately...

Recently posted . 5K views . 1 min read
 

 
 

More in Global

 Article
6 tricks to book cheap flight tickets even when there's no airline sale

For those who are passionate about exploring new destinations, travelling must never stop. But to be on the move at all times requires money and one of the major ...

Recently posted. 678 views . 1 min read
 

 Article
A dog’s life? For Jordan’s pampered pets, not so much

Where strays were once mostly left to scavenge for food, Jordanians in a new trend in the Arab kingdom are increasingly willing to foot steep bills to care for belo...

Recently posted. 685 views . 1 min read
 

 Article
Dear Strong Woman, 6 Reasons Why You Will Find Yourself Alone In Various Walks Of Life

Dear Strong Women,    How are you doing?

Recently posted. 1K views . 0 min read
 

 Reviews
The Best 5 Hiking Backpacks in India – Reviews & Buying Guide



Recently posted . 3K views . 140 min read
 

 Article
UK Royals Release Pictures Of Newborn Prince Louis

In one touching image, three-year-old Princess Charlotte is kissing her sleeping brother, while the other shows the royal baby propped against a cushion.

Recently posted. 831 views . 1 min read
 

 Article
Foreign Workers In Qatar Can Now Leave Country Without Bosses' Permission

Under the new law, all but five per cent of a company's workforce -- reportedly those in the most senior positions -- can leave without prior permission from ...

Recently posted. 782 views . 1 min read
 

 
 
 

   Prashnavali

  Thought of the Day

God has a purpose for your pain, a reason for your struggle and a reward for your faithfulness so “Don't Give Up”.
Anonymous

Be the first one to comment on this story

Close
Post Comment
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST


ads
Back To Top