Do I have to change my visa status when changing employers? 10 Answers as of January 30, 2012
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?Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereWorld Esquire Law Firm | Aime Katambwe
Yes they will eventually notice and also you will be violating the terms of your visa and that can ruin you subsequent chances of becoming a LPR if that is a goal of yours. Is it really worth it? Good luck!
Answer Applies to: California
Replied: 1/30/2012
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
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.
Answer Applies to: California
Replied: 1/30/2012
Law Office of Immigration & International Trade Law | Linda Liang
Don't ever try to deceive USCIS, or anyone in US. The consequence will be severe.
Answer Applies to: Florida
Replied: 1/28/2012
Bell, Nunnally & Martin, LLP | Karen-Lee Pollak
You do have to change your status or transfer your application if you start working for a new employer. If you do not do so you will be working without authorized employment and may be deported.
Answer Applies to: Texas
Replied: 1/27/2012
The Law Offices of Kristy Qiu | Mengjun Qiu
Yes you do have to start the process all over again. You need to substitute the sponsor before you change employer, otherwise, the day that you stop working for the employer stated on your visa and remain in the country, you become illegal. Your current employer will have to notify the USCIS about you quitting. Moreover, your new employer won't be able to legally hire you.
Answer Applies to: Florida
Replied: 1/27/2012
Law Offices of Svetlana Boukhny | Svetlana Boukhny
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!
Answer Applies to: California
Replied: 1/27/2012
Bus & Nanthaveth, PLLC | Rachel Irene Bus
A J1 or your H1 nonimmigrant visa is specific only to the employer that is sponsoring you. So you cannot begin work with a new employer until that second employer files a petition for a transfer for you, and that second petition is approved. If you move to the new employer without having an approved petition, both you and the employer would be in violation of U.S. law. There are serious fines and penalties that you both might be subject to if you're discovered. USCIS has invested a lot of money in fraud detection recently, so I can't tell you what the odds are of being caught, but it is a real and serious risk.
Answer Applies to: Texas
Replied: 1/27/2012
Law Offices of Grinberg and Segal | Alexander Segal
The answer depends on what non-immigrant visa you obtain. However, if you do switch employers or the place of your internship, you must notify USCIS. You do not have to start the process all over, but there are certain forms that must be completed. If you fail to notify USCIS of the change, it can result in the revocation of your visa effective the date you left the sponsor. It is important to follow these steps to ensure you maintain status as the sponsor can report your departure to USCIS.
Answer Applies to: New York
Replied: 1/27/2012
Christian Schmidt, Attorney at Law | Christian Schmidt
Each approval is employer specific and you must obtain individual approval for each employment.
Answer Applies to: California
Replied: 1/27/2012
Baughman & Wang | Justin X. Wang
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.
Answer Applies to: California
Replied: 1/27/2012










