KarBabu Posted May 30, 2013 Report Posted May 30, 2013 When can i join the new employer, when my H1 is transferred? My current petition date is till Dec 2014, if i resign my current job in June 20 2013, if my current employer revokes my current h1, mean while if my new h1 transfer(say normal processing) is applied before june 20,2013(say june 15th), can i join my new employer the next day? How long does a receipt # takes to arrive (for regular processing)? Can i join based on fedex tracking # ? Will i be out of status if my new h1 is not approved? Any inputs will be highly helpful, thanks in advance.
omshiv Posted May 30, 2013 Report Posted May 30, 2013 You can join the new employer as soon as you receive the Receipt no.
Attorney_11 Posted May 30, 2013 Report Posted May 30, 2013 The AC21 H1B portability provisions state that a nonimmigrant, who was previously issued a visa or otherwise provided with nonimmigrant H1B status, is authorized to work upon the filing of an H1B petition by a new prospective employer if three requirements are met. The three requirements are: a) the foreign national has been lawfully admitted to the United States; b) an employer has filed a petition for new employment for the individual prior to the expiration of his/her period of authorized stay; and c) the individual has not been employed without authorization. A receipt is typically issued and received within 10 days of filing. It may be advisable to speak with a competent qualified immigration attorney for further clarification and to develop a personalized legal immigration strategy.
KarBabu Posted May 30, 2013 Author Report Posted May 30, 2013 Thank you very much, so i can join if those 3 conditions are met, even before getting my receipt #, am i right? The only way i can confirm this is "b) an employer has filed a petition for new employment for the individual prior to the expiration of his/her period of authorized stay;" is via the fedex tracking # to USCIS.
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