sandeepr4 Posted March 29, 2016 Report Share Posted March 29, 2016 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. Link to comment
JoeF Posted March 30, 2016 Report Share Posted March 30, 2016 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. Link to comment
sandeepr4 Posted March 31, 2016 Author Report Share Posted March 31, 2016 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? Link to comment
JoeF Posted April 1, 2016 Report Share Posted April 1, 2016 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. Link to comment
JoeF Posted April 1, 2016 Report Share Posted April 1, 2016 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. Link to comment
sandeepr4 Posted April 1, 2016 Author Report Share Posted April 1, 2016 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'. Link to comment
vizagal Posted June 13, 2017 Report Share Posted June 13, 2017 @JoeF I'm surprised you are giving half baked information. https://www.uscis.gov/i-9-central/acceptable-documents/receipts *This post edited. Only links to Government websites are accepted Link to comment
JoeF Posted July 14, 2017 Report Share Posted July 14, 2017 On 06/12/2017 at 11:41 PM, vizagal said: @JoeF I'm surprised you are giving half baked information. https://www.uscis.gov/i-9-central/acceptable-documents/receipts *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. Link to comment
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