SERVING CLIENTS IN LONG BEACH, ORANGE COUNTY, IRVINE, SANTA ANA, WESTMINSTER, HUNTINGTON BEACH, FOUNTAIN VIEW, NEW PORT BEACH, SEAL
BEACH, COSTA MESA, SANTA MONICA, CARSON, TORRANCE, SAN PEDRO,
ALHAMBRA, PASADENA, SAN FERNANDO VALLEY, LOS ANGELES, LAKEWOOD, CERRITOS, GLENDALE, SEAL BEACH, VENICE BEACH, BEVERLY HILLS, AND HOLLYWOOD.
Can an H-1B worker change employers? An H-1B worker can change employers if all of the rules are correctly followed. The American Competitiveness in the Twenty-First Century Act of 2000 (AC-21) created new rules that make it easier for H-1B workers to change employers. Pursuant to AC-21, an H-1B worker can change employers as soon as the new employer files a nonfrivolous H-1B petition, rather than waiting for the petition to be approved, if:
- The H-1B worker was lawfully admitted to the U.S.;
- The new petition was filed before the expiration of the H-1B workers’ period of authorized stay; and
- The H-1B worker has not been employed without authorization since being admitted to the U.S., and before the filing of the nonfrivolous petition.
Of course, the H-1B worker also has the option to wait for the government to approve the petition before changing employers.
Should you have any questions regarding your immigration matters, please contact the experienced immigration attorneys of Smith & Garg at 562-590-7300 or call our toll-free number at 877-517-4275. You can also submit an inquiry through our Long Beach Immigration Online Inquiry. |
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