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sandeepr4

H1B Trasnfer - start without receipt and/or start with new employer while on vacation

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Hello!

 

I have a couple of question regarding change of employer H1B petition. My situation is as below:

 

Employer A: H1B since Oct 2013; Visa stamped, multiple entry into/out of US; Due extension  Aug 2016; Never gone out of status or missed a pay check.

 

Currently, I have an offer from Employer B who has filed for COE H1B. Unfortunately, the employer B lawyer did not file it under premium processing. Since my hiring manager at Employer B wants me to start asap, the lawyer  says he will change H1B petition to premium processing once they get the receipt from USCIS but I can start already since H1 petition is submitted.

 

Questions:

1) Can I start employment at  Employer B without receiving receipt from USCIS or should I wait? I am told I can do that since I meet all the requirement for the portability act.

 

2) I have vacation days at Employer A. Can I take vacation, for say 2 weeks, with Employer A, and start employment a Employer B? That way I will never go out of status, will be employed and on H1B. Will being on 2 payrolls cause any issue either with USCIS or IRS?

 

 

Please do advice.

 

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You can NOT start the new job without the H1 receipt. That would be illegal work.

If the employer has any clue they would not allow you to work without the receipt. If the employer doesn't have a clue, find a better employer.

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I am being told they will use the FedEx receipt number to start my employment (file I-9 manually since it doesn't take fedex receipt number) and then call USCIS to get the actual receipt number. They suggest me to take vacation days from current employer so I am not out of status. Is that ok or should I just wait till I get USCIS receipt number before I start?

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I am being told they will use the FedEx receipt number to start my employment (file I-9 manually since it doesn't take fedex receipt number) and then call USCIS to get the actual receipt number. They suggest me to take vacation days from current employer so I am not out of status. Is that ok or should I just wait till I get USCIS receipt number before I start?

 

FedEx receipt is NOT enough. You need to wait until the actual USCIS receipt notice arrives.

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And calling USCIS to get the receipt number isn't possible, anyway.

The employer is clueless. Don't they have a lawyer handing this???

Find a better employer, one who knows his stuff.

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Thanks a lot for the reply Joe. It was very helpful. Thankfully I did get the USCIS receipt, and it is being handled by a lawyer.

 

This bring me to the other part of the question. Can I start with new employer while taking vacation as last 1/2 weeks from the current employer? I would have given back my laptop and everything else before I go on 'vacation'.

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On 06/12/2017 at 11:41 PM, vizagal said:

@JoeF I'm surprised you are giving half baked information. 

 
 
 
 
*This post edited. Only links to Government websites are accepted

Where does that document talk about FedEx receipts?

It doesn't even apply here. That document talks about receipts for damaged, lost or stolen documents (not applicable here), a temporary I-551 stamp on an I-94 (Green card, not applicable here) or a refugee stamp on an I-94 (again, not applicable here.)

Please explain in detail where I have given "half-baked" information.

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