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ASK VISALAW.COM
Each week we answer questions provided to us by Y-Axis as well as from our web site’s message board. Y-Axis is an H-1B jobsite that provides a direct interface for the H 1B holders and aspirants with leading Consulting Firms and US End-Clients/Recruiters. The website is www.y-axis.com.
Dear Visalaw.com:
I have a question about the new changes in immigration laws for H-1B workers. I have read somewhere that “the new legislation provides H-1B workers to join new jobs without having to wait for INS to formally approve their applications.”
Does this mean that an H-1B can join the new company right after signing the offer of employment and employment agreement with that company?
Is it necessary for the new company to at least have the receipt from INS that they’ve received the new transfer H-1B petition papers and then hire the person?
Jack
The new H-1B visa law, officially called the American Competiveness in the 21st Century Act, increases the portability of H-1B visas, making it easier for H-1B visa holders to change employers. The law does require the transfer petition to have been filed, but does not require a receipt notice to have been issued before the alien is allowed to begin work with the new employer. However, for I-9 purposes, some employers will want to wait until they have the receipt notices in hand, or at least have proof from the Postal Service that the H-1B petition was received properly. To take advantage of the new portability provision, the alien must already have an H-1B visa, must not have been employed without authorization before the new petition was filed, and must be in valid nonimmigrant status when the new petition is filed.
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Dear Visalaw.com:
I would like to know whether the pregnancy of a woman who is going to the US on an H-4 visa affects her going to the US or not.
Anil
Whether a woman is pregnant at the time she seeks entry to the US should not be a factor in whether she is admitted. However, there are probably consular and INS officers who do consider this in making their decision. A person’s age, health, family status, finances and education are all considered in determining whether a person will become and public charge after entering the US, and it is here that the issue of pregnancy would arise. While it is conceivable that some officers would want to deny entry to a pregnant woman because she could give birth to a US citizen, it is doubtful that pregnancy alone would be a reason to deny a person admission.
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Dear Visalaw.com:
I am in US on H-1B visa for the last eight months. Three months ago I applied for another company. My H-1B transfer was approved. But now I do not want to go to the new company. My present company does not know of the second petition. Which company must I work for?
If the first company has not withdrawn the petition for the visa you were working under for them, you can continue working for it. Since the company was not aware of the second petition, there is no reason to think that they would have withdrawn the application.
More information on the impact of changes of employment on H-1B visa status is available at http://www.visalaw.com/99aug/15aug99.html.
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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. | 
