An H1B applicant who was recently chosen through the lottery finds himself now wrestling with a familiar dilemma–when is it best to change employers? Although an H1B transfer can be done, it cannot occur prior to October 1 when the petition takes effect.
One of the requirements for the transfer is a minimum of one paystub from sponsoring employer. Without this, the transfer process may be made difficult.
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Changing jobs while remaining in the U.S. does not require visa stamping. However, if travel abroad is planned, a stamped visa will be needed to re-enter.
The larger question is if a new employer will wait until October. Certain companies like hiring H1B holders to circumvent the lottery, while others might not hold a place for months.
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The uncertainty of H1B employment changes proves to reflect how uncertain the U.S. immigration system is now. Although finding a spot in the lottery, applicants continue to be held back in a gray area tied by timelines and administrative barriers.
Having to stay on with the current employer first makes things all the more tense, typically coercuing professionals to forgo good career prospects. Employers also have a role in this game. Some are ready to wait until October to bring an H1B candidate on board, but most would rather have an immediate hire with unfettered work authorization.
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This dynamic puts highly skilled workers ina precarious situation, where prospects are no longer solely determined by merit, but also timing, paperwork, and employer accommodations.
