[enraged_camel]

>>This is a common misconception. It is a very easy process to change jobs on an H1B.

No it isn't. Even though the process is informally called an "H-1B transfer", changing employers while on H1B actually requires filing a brand new H-1B petition with USCIS. The only difference is that this petition is not subject to the annual cap. Everything else - the crazy requirements and loops you and the sponsoring employer have to jump through - is the same.

What this means is that there is a big risk associated with the process. Since it's a new petition, it can be rejected. You are literally at the mercy of the USCIS officer processing your application, and they can deny it for any reason.

Of course, this also assumes that you're able to find an employer who is willing to sponsor your visa. Considering the legal expenses (thousands of dollars per worker), the hassle and the risk, most companies don't. And if your skills are in a niche field, good luck finding any that do.

[nopzor]

I've done h1b transfers before, as an employer.

I wouldn't say it's "very easy", but it's not super hard either.

I don't disagree with what you're saying in general, but shouldn't there be some cost incurred by the new company?

Remember, like it or not, the h1b program is technically designed to only come into play when a company can't find suitable local talent to fill a position.

In our case it was a few thousand dollars of legal fees and gov "expedite" fees

If we were doing a lot of them our legal fees could go way down, and we'd get good at doing them.

The cap is a big deal, and the reason most h1bs get rejected.

Like you said, if an h1b worker is already here, the cap doesn't apply -- I think that's a good thing.

It seems to be a common misconception that h1bs are bound to their employer.

I simply don't think that's true.

[brendangregg]

It's not supposed to be true, but take the company who is making threats to have their employees deported if they complain or leave.

[nopzor]

Couldn't they make sure to transfer their h1b before they resigned from their old job?

(And not threaten or complain until the transfer is processed successfully?)

[brendangregg]

With the IANAL caveat: that helps prevent one type of employee abuse, the "retaliation termination" intended to force an ex-employee out of the country rather than starting their new job. (Which is also the reason why a visa worker who is waiting on the H-1B "transfer" is advised by immigration lawyers not to tell their current employer that they are thinking of leaving, no matter how much they want to.) But, that's just one situation.

[nopzor]

What other kind of abuse is there that applies specifically to people on h1b, and not to Americans?

[alphonsegaston]

As a for instance, employers will(illegally) demand that the H1B worker reimburse them for the legal and filing fees as a form of retribution for transferring. While certain greencard sponsorship related expenses can be recouped if the H1B is that far down the line, any visa related costs (attorney, filing fed) must be payed for by the sponsor.

https://www.dol.gov/wecanhelp/h1bworkers.htm

[brendangregg]

Yes, but it can be worse than that. There was a different article about it recently, where the employer threatened to falsely report their visa employees as illegal if they complained. Which means the employees can wind up leaving the country and possibly never returning. For an employee who has worked in that country for years and calls it home, this is akin to being threatened with exile.