H1B Transfer to New Employee

[Appu82]

Hi,

 

I have an H1B valid till Sep 30 2015 with employer A. I have got a new job offer from Employer B. Employer B has initiated my LCA application. Employer B mentions that once the LCA is approved, he will submit my H1B Transfer application and issue me a H1B portability letter stating that employer B has applied for H1B transfer on the particular date, along with information that my application is delivered to USCIS serivec center (confirmed by the FEDEX tracking number).

 

The employer B claims that I can start working from the next day after I receive the portability letter from the employer and I don't have to wait for my USCIS petition receipt number. Please clarify/advise if this is a correct statement.

 

There is a possibility that I might have to travel to home country as part of my current employment in a month's time and I wish to transfer to new employer before that.

 

 

[jairichi]

Hi,

 

I have an H1B valid till Sep 30 2015 with employer A. I have got a new job offer from Employer B. Employer B has initiated my LCA application. Employer B mentions that once the LCA is approved, he will submit my H1B Transfer application and issue me a H1B portability letter stating that employer B has applied for H1B transfer on the particular date, along with information that my application is delivered to USCIS serivec center (confirmed by the FEDEX tracking number).

 

The employer B claims that I can start working from the next day after I receive the portability letter from the employer and I don't have to wait for my USCIS petition receipt number. Please clarify/advise if this is a correct statement.

 

There is a possibility that I might have to travel to home country as part of my current employment in a month's time and I wish to transfer to new employer before that.

Well, you can start working for new employer after obtaining receipt notice though it is always suggested to do so after approval notice. Ask your employer for premium processing.

[omshiv]

That's incorrect..you cannot join them until you receive the Receipt no..although I would go a step further and advice you to JOIN ONLY after you get H1 approved.

[rahul412]

My advice, do not join new employer without H1 approval. If something goes wrong with H1 transfer then you will be out of status immediately.