Ep. 9 Can an H1B employee work at different sites and locations?

Raw Transcript:

Introduction: You ask we answer your immigration questions. Simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: My name is Jacob Sapochnick and I’m an immigration attorney here in San Diego, California.

I’m happy to introduce a new segment of our YouTube channel, it’s called Ask My Lawyer, and we are going to be answering all the questions that we get from our Facebook page visitors, from our YouTube channel visitors. We’re picking questions every week and I’m trying to answer them and I wanted to start this week with a question from Agid from Texas and he sent us an interesting question that I would like to read it.

So Agid is asking can an H1B employee work at different sites, site locations, and also can an employee change jobs easily?

Well, Agid, the question actually has two parts and it’s just my way of background. The H1B visa is a work visa. It’s the most common work visa that allows foreign nationals to work for employers in the US. The visa requires a degree and area connected to the job. Without a degree most employees cannot qualify unless there’s an exception of 12 years experience equivalency.

What Agid is asking is whether he as an H1B employee can work in multiple sites. He’s probably working for a consulting company and they’re putting him in different locations. The answer is yes but what it needs to be done is a separate labor condition application which is part of the H1B process, must be filed for each site. It’s very important.

The other part of the question of Agid is whether he can transition employers easily and the answer to the question is also yes. H1B employees are able to transfer jobs as long as they’re petitioned by the new employers filed they’re not subject to the numerical cap visa, new H1 visa subject to a 65,000 visa quota but if you already have an H1B and you just need to pour it to another employer all you have to do is get the new employer to file your petition and you’re able to work as soon as you get that receipt that the case is filed even before approval.

Closing: Thank you for listening to the Ask My Immigration Lawyer Podcast, the show that’s dedicated to answering your immigration questions. Simple as that. See you next week for another round of questions and much needed answers.

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