H1B Transfer - Start work when filed OR wait for approval


swiss_rolex

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Hi,

I work on H1B for Company A and have recd. a job offer from Company B yesterday.

Company B will take about 4 weeks to file my h1 transfer application. Should I start working for Company B as soon as they file the application OR wait for one more month after filing (15 days premium processing and 15 days notice to Company A).

Will it be risky to start working for Company B as soon as the H1 transfer application is filed?

Appreciate your thoughts,

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Generally, the enhanced H1B portability provisions of AC21 allow an individual already in valid H1B status to commence work with a new employer upon USCIS’s receipt of the change of employer petition. If an individual is planning to take advantage of this provision, it is advisable to at least wait until the H1B Receipt Notice with the new employer has been received. However, with a new petition there is always the risk of denial which may leave beneficiary in a precarious situation if s/he has ended their relationship with the previous employer. To discuss this in more detail please contact a qualified U.S. immigration attorney.

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