Move to new employer based on cashed check or H1-B receipt?


p3appl

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New employer applied for H1B COE regular on April 20, 2017. Haven't got the receipt yet, but I can find out if the check was cashed. I'll need to use the portability provision because there is no more premium processing. Its an established employer and a senior technical role. 

Question - Is it advisable to join new employer if the check is cashed, but no physical receipt yet? Its been 14 days, so I can wait another week, but beyond that I will have to make a decision. 

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Your decision. I would join based on my career goals and not let incompetent Businessmen ruin the even tempo of your life. After all they become presidents and you have to deal with the aftermath. It does seem this dodgers election coincides with extreme backlogs as if he has emboldened the grapes of wrath. Go for it.

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The rule is that a person in H1 status can start working for a new employer when the employer has received the receipt notice for the H1 petition.

In essence, the receipt number needs to be known. The deposited check usually has the receipt number on the back, but it may just be a short form, without service center code or leading zeros. And there are several numbers written or stamped there.

So, waiting for the actual receipt notice is probably the only option.

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@p3appl - In these cases if it were me I'd do a 30 minute consultation with a good lawyer just to have that affirmation that receipt date is always <= date of check encashed, in which case I guess you're good (though I'm surprised your employer would let you join even without a receipt... I think the risk then is when it's time to do your I-9 verification within X days of joining whether you will have a receipt by then and what if not)

Why the rush? Why can you / your employer not wait?

@pontevecchio The sheer incompetency and archaic functioning of USCIS is mind boggling

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I would definitely wait for atleast the receipt.

@pontevecchio I sometimes think we could be better off in our home country. The people in the US complain that immigrants are bad for them, but we know how we are exploited for every single dollar, how we are land locked from moving up in career with these archaic rules and processing times. Can't get an approved H1 under regular processing in less than 8 months, can't get a full time job or a better opportunity till you get a GC, can't get a GC till you are on your deathbed. And we are the bad guys. I am just ranting here. Sorry.

 

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Makes sense, thanks guys! I think I'll wait for the receipt, as I'm fine waiting 3-4 weeks before joining. Hopefully I'll get the receipt meanwhile.

And I echo all your thoughts around how broken things seem to be, and how we are caught in the middle of all this. 

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