Can I change job while on H1B?

[Phalanx99]

Hi,

I am currently on H1B which is sponsored by my current employer. I have been working with them for over a year and my H1B with them will expire in 2014. I am working in a position that only requires bachelor degree while I have master degree. I don't see any promotion or use of my master degree in this company. I want to change my job to work for another company or any government agency that will use my master degree and willing to sponsor me a green card.

My question is, am I able to change my job while I am still on H1B visa with my current employer? If the interview with the new employer goes well and they are willing to sponsor me a green card, do I have to wait until the new employer get my new status change or I can start working for them right away and wait for my new status change?

I appreciate your advice.

Thank you.

[shervin143]

You cannot work for the new employer until they file a H1B petition for you (aka H1B transfer) and you receive a receipt notice for the same from USCIS. Eventhough you can join the employer with just the receipt notice, it is advisable to join them only after the petition actually gets approved. If you join with just the receipt notice and if the transfer gets declined, then you will be in trouble.

[Phalanx99]

Thank you for your quick reply.
My current employer's lawyer doesn't want to file green card application for me until the end of my H1B. I even have a doubt that they will only extend my H1B instead of helping me to get the green card. Is that true you can't file green card petition while on H1B?
You said it is only safe to switch job when the new employer got my H1B transferred. In that case, will my current employer know that I am going to quit my job and work for another employer?

[shervin143]

My current employer's lawyer doesn't want to file green card application for me until the end of my H1B. I even have a doubt that they will only extend my H1B instead of helping me to get the green card. Is that true you can't file green card petition while on H1B?
>>> If that is true, then none of the people who go to U.S to work in H1B status can get their GC processed. In fact, to extend your H1B beyond the 6th year, you will need the GC (PERM) to be filed 365 days prior to the end of the 6th year. Otherwise, you will have to leave the country and stay out of U.S for 1 year to get a fresh 6 year period in H1B.

You said it is only safe to switch job when the new employer got my H1B transferred. In that case, will my current employer know that I am going to quit my job and work for another employer?
>>> Not unless you tell them. Even after the H1B transfer, if you decide to stay back with the current employer, you can do so.