H1B - How flexible are we? Freedom to travel, take breaks between jobs...

[brutzel]

Hi there,
first of all, I'm new here. My application for H1B is filed and since my lawyers don't seem to eager to tell me specific details about H1B and what is allowed, I hope the community here can shed some light.

I'm very happy with my current company and am not planning on leaving or switching jobs, however I want to be able to travel extensively without losing my visa. There are few questions that pop up:

1. If my employment ends for whatever reason, how much freedom do I have to search for a new job without risking to lose my visa? I have read about switching to a tourist visa until finding a new employer, I've heard that there is no specific time frame that is determined on how long the job search could take etc.
2. What are my limitations when wanting take a break between jobs? Can I leave the country, how long could I stay on a temporary tourist visa?
3. If I should decide to switch jobs at some point, my new employer would not have to pay the visa application fee again, is that correct? Does the new company have to fulfill certain requirements again like size of company, revenue etc.?

It basically comes down to how flexible the H1B visa is or if all this is completely restricted after all. Any help/insight is appreciated! thanks

[shervin143]

1. If my employment ends for whatever reason, how much freedom do I have to search for a new job without risking to lose my visa? I have read about switching to a tourist visa until finding a new employer, I've heard that there is no specific time frame that is determined on how long the job search could take etc.
>>> H1B transfer to another employer is an option. But that has to be initiated before you leave the current employer. You will remain to be in H1B status only till you get paid. The minute you get terminated or resign (last day on the current job), you will go out of status on H1B if you don't already have another job in hand. When you are out of status, a H1B transfer or a change of status (to b1 or whatever) is not possible. Also, B2 is for tourism. It is not for staying in the country to search for jobs. There are many posts that discusses the demerits of filing a COS from B1/B2 to h1B. Search and read them.

2. What are my limitations when wanting take a break between jobs?
>>> You can take a break provided you go out of the country. When you leave U.S, you are no longer in any valid status. When you are in U.S in H1B stat7us, you need to be working and getting paid. The pay should match your approved LCA.

Can I leave the country,
>>> Yes.

how long could I stay on a temporary tourist visa?
>>> The I-94 that is associated with each status will determine until when you can legally stay in the country.

3. If I should decide to switch jobs at some point, my new employer would not have to pay the visa application fee again, is that correct?
>>> Visa and petition are two different things. You can work only for the employer who sposnored your H1B petition. If you want to work for some other employer, then the employer will need to file a new H1B petition. Search and read about H1B transfer.

Does the new company have to fulfill certain requirements again like size of company, revenue etc.?
>>> Yes.

It basically comes down to how flexible the H1B visa is or if all this is completely restricted after all.
>>> There are lot of restrictions on H1B. Google is your best source of information.

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1-visa-holder-rights/

[brutzel]

Hi,
thanks for your help!

to 1: Does that mean that if you lose your job for any reason, you pretty much lose your H1B status indefinitely and there is no way to get it back unless another company would go through the entire process with you again? Or can I reclaim it somehow without going through the entire application process incl costs and all?

to 2: So just to make sure I understand correctly, should I leave the US I will still be able to reclaim that status if I end up coming back to the US to work for the same or a new employer? How long does that period last? Or can you indefinitely "freeze" your H1B and just reclaim it when you come back to the US?

thanks!

[shervin143]

to 1: Does that mean that if you lose your job for any reason, you pretty much lose your H1B status indefinitely and there is no way to get it back unless another company would go through the entire process with you again? Or can I reclaim it somehow without going through the entire application process incl costs and all?
>>> The new employer will have to go through the entire process. You cannot work for an employer without having an H1B petition filed on your behalf. The H1B filing cost should be taken care by the employer and you shouldn't worry about it. Once a new employer initiates a H1B transfer process and receives the receipt notice, you are allowed to start working for the employer. Although, it is advisabke to join the new employer only after the transfer gets approved.

to 2: So just to make sure I understand correctly, should I leave the US I will still be able to reclaim that status if I end up coming back to the US to work for the same or a new employer? How long does that period last? Or can you indefinitely "freeze" your H1B and just reclaim it when you come back to the US?
>>> Only the time spend in U.S in H1B + L1B counts towards the 6 year CAP. As long as you return back within 6 years, you will be able to use the previous CAP to file a new petition without going through a new CAP all together.

[brutzel]

Hey, thanks again for your advice. So to sum it up, here is an example (correct me if I'm wrong):

I leave my current employment situation on H1B at some point and also leave the country. 2 years later, I'd like to return to work for the same or a different employer on H1B again, so from what you're saying the company then would have to file an H1B petition on my behalf again (incurring costs for attorneys, filing etc.) and the only thing that changed is that my time spent abroad did not count towards the 6 years that I'm legally allowed to work on H1B over the course of a lifetime?

What I'm trying to get at: There is only so many employers that will sponsor you so if I have to start the entire process from scratch again, it'll be very tough overall and I'd have no advantage even though I'd previously already been on H1B. Right now, I'm in the final stretch of OPT while H1B is filed so I'd even lose my year of OPT which was very helpful in showing my current employer that I'm worth having around. Hiring and having to pay the fees for filing H1B from the start gives me a huge disadvantage over other applicants of course

[shervin143]

I leave my current employment situation on H1B at some point and also leave the country. 2 years later, I'd like to return to work for the same or a different employer on H1B again, so from what you're saying the company then would have to file an H1B petition on my behalf again (incurring costs for attorneys, filing etc.) and the only thing that changed is that my time spent abroad did not count towards the 6 years that I'm legally allowed to work on H1B over the course of a lifetime?
>>> That is correct. After leaving U.S, if you want to work for the same employer again and if their petition still remains valid and the job still exist, then you can use that petition to travel back to work for the same employer. If you are chnaging employers, then a new H1B petition (using the old CAP) need to be filed and approved.

What I'm trying to get at: There is only so many employers that will sponsor you so if I have to start the entire process from scratch again, it'll be very tough overall and I'd have no advantage even though I'd previously already been on H1B. Right now, I'm in the final stretch of OPT while H1B is filed so I'd even lose my year of OPT which was very helpful in showing my current employer that I'm worth having around. Hiring and having to pay the fees for filing H1B from the start gives me a huge disadvantage over other applicants of course
>>> Well, this is how the current H1B program works. H1B filing fee is emplolyer's responsibility. You shouldn't worry about it. If this was a serious concern, then there will be no one working in U.S in H1B status. If you have the required skills, there are plenty of good employers who will sponsor H1B.