Satishroy Posted January 24, 2013 Report Share Posted January 24, 2013 My cap-exempt H1-B has got approved, and I know my I-94 number and my starting validity date (1/15/2013) from an e-mail USCIS sent. But I am told by my employer that they will need the original I-797 (approval notice) to allow me to start work. Is there any rule that stipulates that the employer may not allow the employee to join until the original I-797 is received despite the H1-B being approved with a current validity date? Link to comment
t75 Posted January 25, 2013 Report Share Posted January 25, 2013 The employer may certainly require the notice. They is no US law requiring him to allow you to start on the day you choose. Link to comment
cooldude76 Posted January 25, 2013 Report Share Posted January 25, 2013 its always better to start working after you get the org I797, have patience. Link to comment
Satishroy Posted January 28, 2013 Author Report Share Posted January 28, 2013 its always better to start working after you get the org I797, have patience. It is not that I don't have patience. I have been unemployed for almost two months because the employer delayed in applying for H1-B. USCIS has informed them that I can start work from January 15th, 2013, but they want to wait until they get the original notice. Link to comment
Satishroy Posted January 28, 2013 Author Report Share Posted January 28, 2013 The employer may certainly require the notice. They is no US law requiring him to allow you to start on the day you choose. On the contrary, I would like to know whether there is any law that requires the employer to have the original approval notice before they can allow the employee to start work. If there is such a law, what is the point in the USCIS conveying the start date so expeditiously? I have not chosen any day to start work. USCIS has communicated to the employer that I can start work on January 15th, 2013. Link to comment
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