Can I join another employer while working on receipt notice - I-797C

[rahulsarmalkar]

Hi All

I am in a situation where I am planning to join an employer (Employer A) on receipt basis (I-797C). This petition is filed as Normal processing (without premium) for which USCIS approval may take 3-4 months.

Question: If I get another job while working for the current employer (Employer A), can I join the new employer (Employer B)? Will it cause any issues in filing the new petition by the new employer (Employer B) since my petition from Employer A is still under review with USCIS. 

Thanks in advance.

 

 

[Zodiac System]

I think you should be able to transfer using receipt notice, if your new employer B is willing to do so.

[Attorney_24]

In the above scenario, you could join company B after they file the H-1B but note there is a risk of a status maintenance RFE on B's case and risk that B's case may be approved for Consular Processing (without the I-94). If that happens you will have to leave the U.S. and then return in valid H-1B status.