Joining new employer upon H1B transfer receipt notice

[kavindra]

Hi,

I'm in the 7th year of my H1B, with I-140 approved from the current employer.

My next employer is asking me to start as-soon-as they receive H1B visa transfer receipt notice. They are filing visa transfer under regular processing (this may take upto 3 months).

1) Should I wait until my petition is approved or join them upon reception of the receipt notice?

2) If I join upon receipt notice, what are the chances of H1B visa transfer rejection (based on current trends)?

3) If I join upon receipt notice, what if the transfer get rejected?

My employment would be regular full-time.

thanks

[blancx]

Just to be safe, get it processed in premium. Explain to the employer that if the new H1 gets reejcted you may be out of status (although I'm not sure how this would exactly work since you have an approved I140). Explain how premium processing gets a result in 15 calender days. If they say no to the extra fees, offer to pay the extra $1500. (No one is breaking the laws here, since the employer is not required to pay the premium processing fees). I have in the past explained this senario to a prospective employer and they understood and paid the extra 1500. (1500 seems a lot affordable than 3 months of stress and uncertainty).

For less than $200 you can discuss this situation with a Murthy lawyer. I strongly suggest you do that since I-140 is involved. If it werent involved, then I would simply pay the $1500 and get it over with.