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.
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.
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.
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.