H1 Transfer - When can we start working

[rambabu1234]

Hi Folks

Currently i am working with employer-A (IT Consultancy).

I got offer from employer-B (IT Consultancy).

employer-B says that we will send your docs to USCIS, for your H1B transfer & next day you will get receipt of UPS saying that "documents have been received".

So based on that i can start working at new client work-place, placed by employer-B.

Some of my friends said that you need Receipt Number OR Case Number from USCIS. Then only i can start working.

So what is true/correct...!!!

Can you please guide me about this...!!!

Thanks

Ram

[rahul412]

So based on that i can start working at new client work-place, placed by employer-B.

Some of my friends said that you need Receipt Number OR Case Number from USCIS. Then only i can start working.

So what is true/correct...!!!

Can you please guide me about this...!!!

It is always a good decision if you start working with B only after your H1 is approved

If you start working with B before the approval, and in the worst case if that h1 is not approved then you will be out of status from that day and you cannot go back to A since you are no longer an employee of A at that time.

Moreover, once you start working with B your H1 from A will be invalid by default.

[rambabu1234]

Thanks Rahul for answering this.

But i have little confusion.

1-

" It is always a good decision if you start working with B only after your H1 is approved " -- I understood this.

2-

" If you start working with B before the approval, and in the worst case if that h1 is not approved then you will be out of status from that day and you cannot go back to A since you are no longer an employee of A at that time. " -- I understood this but little confusion.

3-

" Moreover, once you start working with B your H1 from A will be invalid by default. " -- I understood this but little confusion.

The terminology of 2 & 3 are confusing to me.

Que-1

If H1 filed by B is rejected, why i cannot go back to A.

H1 of Employer-A is still not expired. Also Employer-A has not yet Cancelled H1B.

As i understand, when i successfully move to Employer-B, Employer-A has to cancel my Old H1B.

Que-2

If in worst case, my H1B Transfer do not get approved, then what are my options ?

Que-3

As per H1B Portability act, i can work with new employer-B, while H1B transfer is under process. So i am trying to work in Legal (Lawful) manner.

So if my H1B Transfer do not get approved, then can i say that i am not OUT-Of-Status (Becos i have not accepted any Un-Lawful work).

Que-3

Also as per terms with my current Employer-A, i need to give 1 month Notice period before leaving company. That is fine.

But then Employer-B says that, we will fill new H1B just 1 week before the joining of new client ( placed by Employer-B ).

Does the H1B transfer needs anything from new client ( placed by Employer-B ).

Why this..!!!

Can anyone in this forum shed light on this...please...!!!

Thanks

Ram

[t75]

The client is not your employer. Client information is normally required for stamping and not a transfer.

The fact that B will only file 1 week before the job starts makes me wary of his ability to pay or that he has had very bad luck with prior transfers.

[wiweq]

If you start working for B I assume that you stopped working for A. You should understand that once the employer-employee relationship expires, H1b status also expires. No matters if A has revoked this petition or not. Now, if you want to work for A again, new H1b petition should be filed by A.

Now coming back to your first question, you can only start working once you get the receipt no from USCIS. Sending receipt no (either by email or letter) is the only official announcement that they have received your H1b petition. USPS, UPS, DHL, FedEx doesn't matter to them, they are not affiliated to USCIS.

[rahul412]

Que-1

If H1 filed by B is rejected, why i cannot go back to A.

H1 of Employer-A is still not expired. Also Employer-A has not yet Cancelled H1B.

As i understand, when i successfully move to Employer-B, Employer-A has to cancel my Old H1B.

No you are wrong. Once you start working with B then you are no longer employee of A so that h1 is invalid by default. If you want to go back to A, they need to file new H1

Que-2

If in worst case, my H1B Transfer do not get approved, then what are my options ?

You will be out of status immediately. You have to file COS to B2.

Que-3

As per H1B Portability act, i can work with new employer-B, while H1B transfer is under process. So i am trying to work in Legal (Lawful) manner.

So if my H1B Transfer do not get approved, then can i say that i am not OUT-Of-Status (Becos i have not accepted any Un-Lawful work).

You will be in out of status from the date of denial.

Also as per terms with my current Employer-A, i need to give 1 month Notice period before leaving company. That is fine.

But then Employer-B says that, we will fill new H1B just 1 week before the joining of new client ( placed by Employer-B ).

Does the H1B transfer needs anything from new client ( placed by Employer-B ).

Why this..!!!

Client is not your problem. Your employer has to get all the documents req for your H1.You have to be clear, let 'B that you will join the company only after your H1 is approved.