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In reply to the discussion: So the new immigration bill would increase visas for high tech jobs. How will this help us again? [View all]WilmywoodNCparalegal
(2,654 posts)and in fact the great majority of H-1B holders end up becoming permanent residents and, after the required 5 years, U.S. citizens. I wish people would get more educated about H-1Bs and other non-immigrant visas before assuming things.
There are plenty of non-immigrant visas which allow the holder to seek permanent residence. These include (in addition to the H-1B) L-1As (intracompany transfer managers/executives), TN (NAFTA visas for Canadian and Mexican citizens), O (extraordinary ability), E (treaty trader/investor), etc.
H-1B workers can switch employers at any time as long as their future employer is willing to file a petition on their behalf. They can also switch to another visa classification as long as they meet the requirements. Like any other employee, the H-1B workers have to be held to the same performance standards. Yes, some workers don't cut it and they have to be terminated. Their visa status ends on the date of termination. Contrary to popular opinion, there is no grace period where an H-1B holder can remain in the U.S. to tie up affairs. S/he has to leave the U.S. immediately upon termination. The employer is required under H-1B rules to pay for the transportation back to the employee's country of origin or last residence, including transportation of household goods.
While the maximum amount in H-1B classification is 6 years, as long as the employee is at certain stages of the permanent residence process (which takes years), then there can be further 7th, 8th and 9th (and further) extensions of H-1B status - all of which are allowed.
The law also allows for H-1B portability which means that the employee can begin working for the new employer as soon as the change of employer petition has been received by USCIS, thus avoiding long waits or extra fees for expedited processing (known as premium processing).