H1B Transfer

[mj129]

I've read from forums that once an H1B has been transferred, it is safe to work for the new employer once receipt confirmation has been received. I've heard many people do this, but why? Confirmation receipt does not really mean "approved", right?

[rohang]

yes you are right, many employer (HR) pressurize and give false info (that receipt is equivalent to approval). In happy path it might be, not always. Better option is to file in premium so that you know early enough whats the outcome.

[kiran234]

If a current H1b visa holder wants to transfer their visa to a different employer, he or she can begin working for the new employer as soon as the H1B transfer petition is submitted to USCIS by the new employer. In other words, the applicant does not need to wait until the H1 B petition is approved by USCIS to begin working for the new employer/sponsor company.

This applies as long as the H1B visa holder is in lawful status at the time of the petition and has not been engaged in unauthorized employment since the last lawful admission into the US. This was established by the H1B transfer bill approved in the senate and house as bill S.2045 and the H1B portability rules of the American Competitiveness in the 21^st Century Act.