H1B Transfer

[mrkavi]

Hello,

Presently i am on my H1b. I got a new offer from different employer. The new employer will start the paperwork for H1 transfer in a week.

My queries

1.) When can i start working for the new employer?

2.) Once i receive the receipt number from USCIS, can i still be working for existing employer? For how long?

3.) Once the process for H1 transfer is initiated, will it trigger any correspondence to existing employer?

4.) My spouse has I-140 EAD with existing employer, will this H1 transfer affect her work authorization?

[gopalakrishnach]

1) You can start after you get receipt number.

2) At one of point, you can work for only one employer as full time. You can work with existing employer until you decide to join new one. Once your new H1B is approved it does not mean that you must join them. It's your decision.

3) You need to provide documents thats all. Mostly no correspondence to existing employer but might be necessary depending on your cases. Mostly not needed.

4) You mean H4 EAD. I feel nope. But just check it out.

[adshah84]

1) Once you will receive the receipt number 

2) Yes. As long as you want. You can even decide not to join your new employer even after your H1b transfer is approved. 

3) No

4) No 

[mrkavi]

18 hours ago, adshah84 said:

1) Once you will receive the receipt number 

2) Yes. As long as you want. You can even decide not to join your new employer even after your H1b transfer is approved. 

3) No

4) No 

Thank you for replies.

4.) The reason for my concern: H1b with new employer will affect my green card process with existing employer. My new employer need to sponsor for green card and probably they might take some time to start the process. If that is the situation in order for my spouse to work we have to wait for I-140 to get approved with new employer?

[JoeF]

If you don't join the new employer the employer has to inform USCIS so that the H1 will get revoked. Otherwise, they would have to start paying you.

[adshah84]

On 9/5/2019 at 6:56 AM, mrkavi said:

Thank you for replies.

4.) The reason for my concern: H1b with new employer will affect my green card process with existing employer. My new employer need to sponsor for green card and probably they might take some time to start the process. If that is the situation in order for my spouse to work we have to wait for I-140 to get approved with new employer?

You can apply H4 EAD extension using approved I140. It doesn't matter from which employer.