QUESTION
Do I have to change my visa status when changing employers?
Asked on Jan 14th, 2012 on Immigration - California
More details to this question:
If I get a J1 or H1 visa to do an internship or work in the US for a certain employer but while in the US, let's say after 3 months, I decide to change employer, do I have to start the process all over again? If yes, what if I just don't tell anyone I changed employer? Would they really notice?
4 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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You cannot lie or misrepresent to the government. An H-1B is not for an internship and a J-1 likely will have a 2 year foreign residency requirement.
Answered on Jan 30th, 2012 at 1:50 PM
Yes, H-1B is employer specific so you have to have that employer petition for you for a new H-1B if you are to work for that employer. It does not matter if you don't tell anybody; a reputable employer will not hire you or be able to place you on payroll unless you have evidence of employment authorization FOR THAT EMPLOYER!
Answered on Jan 27th, 2012 at 4:13 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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If you have an EAD, you can work for anyone. If your employment is based on your H or J visa status, you cannot change employer without first filing a new petition otherwise you will be considered to have engaged in unauthorized employment thereby making you out of status.
Answered on Jan 27th, 2012 at 3:10 PM
Each approval is employer specific and you must obtain individual approval for each employment.
Answered on Jan 27th, 2012 at 3:08 PM