Joining a direct client full time on H1B Receipt Number

[H1BUser24]

Hello,

I am working for a consulting company and have been out of the project for some time. Meanwhile, I was offered a full time job with a direct client who was ready to sponsor H1B transfer. They have submitted the LCA which might take 1-2 weeks, given current COVAID-19 situation and USCIS suspended the Premium Processing for cap-exempt, would it be a good idea to join the new company on Receipt Number as current company may not find a project soon. How risky would it be joining full time job with a direct client on Receipt Number?

[Attorney_21]

H1BUser24:

It is legally permissible to join an H1B petitioner based upon the receipt notice. As long as the petition is ultimately approved, then there is no issue with this strategy.

However, if the new H1B petition is ultimately denied months later (after you have left the original company and they have withdrawn the H1B petition), this would generally leave one "out of status" and potentially "unlawfully present", which can have serious consequences.

Sometimes there is no way around this issue, particularly when premium processing is unavailable. However, there are risks to doing so. 

This is ultimately a personal decision, based on the relative merits of each employer - if your current employment is becoming insecure, this is definitely a factor to consider. 

[H1BUser24]

Thanks so much for the response.

I want to interpret your statement "if the new H1B petition (with new employer) is ultimately denied months later (after you have left the original company and they have withdrawn the H1B petition), this would generally leave one "out of status" and potentially "unlawfully present".

My question is, what if original or previous employer has not withdrawn the H1B petition yet, would that leave me a chance to stay in the US as long as my H1B (or I-94) is valid or I will just get a 60 days grace period to stay?

Thanks 

[gopalakrishnach]

Are you out of project or out of employment... the main fact is you must have job and your employer must pay you. If this is happening I will stay with current employment.. else beside joining new employer there is no other option...