Job change befor H1B transfer receipt


abhi5025

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Hi,

How safe it is to move employers before you get the H-1B receipt number. I got  job with a Big 4, received the offer almost 50 days back and they are about to file transfer tp USCIS in next 3-5 days. Immigration says that I will be good to join once the file reaches USCIS.

I think it takes 10-12 working to get the receipt# from USCIS. How safe is it to leave my current employer without receipt number.

I am also planning to take 1-week vacation before I join new employer. Is it a good idea todo being on H-1B

 

Thanks

AB

 

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15 hours ago, abhi5025 said:

Hi,

How safe it is to move employers before you get the H-1B receipt number. I got  job with a Big 4, received the offer almost 50 days back and they are about to file transfer tp USCIS in next 3-5 days. Immigration says that I will be good to join once the file reaches USCIS.

I think it takes 10-12 working to get the receipt# from USCIS. How safe is it to leave my current employer without receipt number.

I am also planning to take 1-week vacation before I join new employer. Is it a good idea todo being on H-1B

 

Thanks

AB

 

Under the H-1B portability provisions, you are eligible to join as long as USCIS has received the petition.  A receipt notice does not have to issue first.

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On 7/18/2017 at 8:38 AM, JoeF said:

You have to wait for the receipt from USCIS. Just the FedEx receipt is not enough.

 

Thanks, that seems to be the general consensus. But is there any legal catch that one needs to be aware of if I plan to join upon the receipt of Fedex number 

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On 7/18/2017 at 1:40 AM, nilzzzz said:

You can join once the documents are mailed and he  mailing fedex online status shows as delivered. I did the same.

Thanks..Did you have any issue after you moved with the status. Were you able to travel on flights since I assume your previous employer would ave terminated your H-1B.

Is there any legal catch that one needs to be aware of. 

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8 hours ago, abhi5025 said:

Thanks, that seems to be the general consensus. But is there any legal catch that one needs to be aware of if I plan to join upon the receipt of Fedex number 

There could be lots.

USCIS could reject the H1 outright for a number of reasons, and then you would have worked illegally.

One thing coming to mind (because it happened way back with my first H1) is something wrong with the signature (missing, or no indication if the person was authorized to sign; which happened in my case way back when.) Or the check is in the wrong amount, etc. etc.

Once they have entered the petition into their system, they at least accepted the petition. The USCIS receipt, or the check being cashed are indications that the petition was accepted.

A FedEx receipt just shows that it arrived in the mailroom. No enough to start working.

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