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Comment by JonLim | Hacker News Reader

Does the 60 day timeline include the amount of time you need to be approved for the visa, as well?

I wasn't laid off, but am in the process of changing employers with my TN visa. This is probably the least smooth part of the entire interviewing/job changing process, at least from my perspective, as a software dev who doesn't have a degree in computer science or computer engineering.

Wish it were all a little more transparent, and that it wasn't just a big waiting game with lawyers and USCIS!

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> Does the 60 day timeline include the amount of time you need to be approved for the visa, as well?

No. You must start a new job within 60 days. Due to H-1B portability rules, you can start a new job as soon as your employer has filed paperwork with USCIS. The H-1B processing time doesn't count.

I recently started a new FAANG job on H-1B, and because I received an RFE it actually took nearly 3 months after starting to get the approved petition.

Oof, that's a long wait. If you don't mind me asking, is it because of the whole H1B status with the current administration, or of additional hoops you had to jump through for the RFE, or something else?

I received the RFE before I started, the 3 month wait time was just to prepare the RFE, send it, and then wait for USCIS to adjudicate it.

Ah, thanks for sharing that. Guessing once the RFE was sent off, everything was okay?

Crazy that it took 3 months to prepare and send the RFE, though I'm assuming USCIS provided an answer within 15 days with Premium Processing.

What happens if it’s not approved?

You're in a lotta trouble. It happened to a friend of mine and when his H-1B looked like it was going to be denied his FAANG company moved him to an office in Europe.

I _think_ if you have applied for Premium Processing and get the receipt, you can start working with the new employer. But please check with your employer's lawyers, as these things can keep changing and the rules are too complex for me to keep track of.

Nearly every lawyer will encourage you to wait for the receipt notice, although interestingly you only need proof that you've submitted a petition to starting working; i.e., a Fedex proof-of-sending receipt.

The lawyers have not mentioned anything near that, otherwise I'd be working right now!

My application used Premium Processing, and I got an RFE, so I'm still sitting here on my hands. It's frustrating, but is it worth asking the lawyers about being able to start since I'm in the process of the application?

Just wondering. Can't this time-out be life-hacked somehow with getting e.g. no pay and no show up job just to stop the timer, or just creating LLC and employing oneself?

Not that I would (or have) tried either idea, but you'd still need USCIS to grant you a TN visa that's tied to your employer, and I imagine it would be tougher if it was a no name or self made company.

In fact, for your own company, I think that's a different kind of visa, but I'm not very well versed in immigration law.

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