Changing the employer, Shall I resign once receipt is received or I can do it on FedEx receipt

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I have few questions as I am changing my employer.

When shall I resign from my current employer: once USCIS receipt is received or I can do it on FedEx receipt 

If USCIS receipt does not get delivered for 3 weeks, new employer has asked me to join on FedEx receipt (Which I already have). Is it risky to join new company on FedEx receipt?

Thanks in advance !!

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I posted a very similar question. People are suggesting waiting for the actual receipt, given current uncertainties. I'm not sure what is legally required - whether the only proof that the petition was filed in time is the USCIS receipt, or does the courier receipt prove the same thing. 

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On 2017-5-8 at 11:33 PM, metroguy said:

it's better to wait at least for the receipt to join. IF you are in dire consequences of resigning your current company that wont be a problem. Now you can have at least 60 days without pay before joining new employer.


I am in a situation where my employer might go out of business before october.In that case, if my H1B is approved can another employer apply for H1B transfer before October? (As you ve mentioned we have 60 days without pay before joining new employer)  

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  • 1 month later...

found this 


Form I-9 may be annotated to evidence that this employee is covered under H-1B portability provisions as per page 22 of the current I-9 employer manual, which your employer should review.


"H-1B employees changing employers (porting) 
Under the American Competitiveness Act in the Twenty-First Century (AC-21), an H-1B employee who is changing employers within the H-1B program may begin working for you as soon as you file a Form I-129 petition on his or her behalf. To qualify for AC-21 benefits, the new petition must not be frivolous and must have been filed prior to the expiration of the individual’s period of authorized stay. You must complete a new Form I-9 for this newly hired employee. An H-1B employee’s Form I-94/I-94A issued for employment with the previous employer, along with his or her foreign passport, would qualify as a List A document. You should write “AC-21” and record the date you submitted Form I-129 to USCIS in the margin of Form I-9 next to Section 2."


*This posted edited. Only outside links to Government websites accepted.

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  • H-1B "portability" provisions
    • Must be currently in H-1B status to port to another employer
    • H-1B portability generally OK while H-1B nonimmigrant is within either a 10-day or 60-day nonimmigrant grace period
    • Portability employment can begin on the later of 1) the date USCIS receives a non-frivolous I-129 petition for new H-1B employment from a new employer (or from the same employer for new employment); or 2) On the requested start date of such a petition; Employment with the new employer that begins before the later of these two permissible H-1B portability start dates is not authorized.

*This posted edited. Only outside links to Government websites accepted.

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  • 1 month later...


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