Approval notice of EmployerA and work for EmployerB from Day1

[confessions]

Hi All!

 

I have a valid H1B stamped with EmployerA and also have all supporting documents like approval notice, offer letter, etc..

 

My employer doesn't have any direct clients thus he asked me to upload my resume in different job portals (Dice, Monster, Indeed..) and I received numerous opportunities from different other companies.

 

I did attend some interviews and got the confirmation emails and also the joining date was finalized but my employer is creating a mess from C2C perspective by quoting different rates before the interview and after the confirmation. For example, he quoted $60/Hr before interview and once I cleared the interview he demanded $85/Hr, which was far high from the margin of the other consulting firm that brought the opportunity. Now this has been the story for past 5 months and I have cleared almost a dozen interviews but things doesn't seem to be going my way.

 

I was approached by other companyB who got me an interview and I cleared it and now they have initiated my transfer and I need advise on below points

 

1) Can I travel to USA with the valid visa and H1B approval notice from EmployerA, and start working from Day1 for EmployerB on the receipt number of the transfer petition they have filed?

 

2) Or do I need to wait till I get the approval notice for EmpoyerB transfer petition and then only initiate my travel?

 

I need urgent advise, quick reply is greatly appreciated. Thanks.

[jairichi]

1. No, you cannot. You can travel with current valid H1B visa, employer B's I797 and supporting documents.

2. Refer 1.

[JoeF]

You can NOT enter with the visa for A if you are not going to work for A. That would be immigration fraud.

You can enter with the visa AND the APPROVAL notice from B.

[rahul412]

No you cannot travel with A's 797, you need new 797 approval before you travel.

[confessions]

Thank you everybody. I was just getting curious if that I can enter USA and start work instead of waiting till the transfer gets approved.

 

I shall wait for the transfer approval notice and then only plan my travel. Thanks.