H1B Transfer- Start Work with USCIS Receipt

[rockafficiando]

Hi,

I got a new job with a Fortune 10 company and they are in process of transferring her H1

They have said that I can come on-board after the Fedex/UPS confirmation that the delivery has reached USCIS

I somehow suspect this as I have to resign even before the USCIS receipt can come through and my current employer might cancel my H1 before the transfer proceedings can start.

They also indicated that you can start work for new employer after receiving H1 transfer receipt notice(not the actual I-797 approval)

Is this possible?

Asking because I have always waited to get the actual I-797 to start with a new firm.

Hence, Im confused and not able to decide on resignation timeframes!

Help is much appreciated

Thanks

[JoeF]

In an H1 transfer case, the person can start working for the new employer when the new employer has gotten the receipt notice.

There is a risk, of course, because if the H1 gets denied, then the person has to stop working, and can't go back to the old employer (the old employer by law is required to inform USCIS that the person is no longer working there, resulting in a revocation of the old H1.)

[Attorney_22]

Technically, as long as an individual is in valid H1B status, that individual may work for a different employer upon USCIS’s receipt of a change of employer petition. However, there is risk in doing so since you do not know if the petition will be approved. Therefore, it is usually better to wait until approval. At the very least, it is advisable to wait until you obtain the Receipt Notice to ensure the mailroom at USCIS does not reject the package.

[rockafficiando]

Understood thanks a lot for the advice. Will relay the same!