When Can We start Working on H1b Transfer?

[miliaxy]

Hi,

My husband resigned from his current employer (visa holder) by giving 2 weeks notice because he got another offer.

His LCA has been approved but his new employer is asking him to join the client location after they have filed for H1B transfer and have receieved Fed-EX Tracking number.

My question is - is it legal to start working with new company based on fed-Ex tracking number alone? Or should he wait for EAC number?

Thanks,

Mili

[nsd1983]

I am in the same boat. I have been told by my lawyer that I can work legally but there are really mixed reviews.

What did you decide?

[Attorney_22]

Generally, the enhanced H1B portability provisions of AC21 allow an individual already in valid H1B status to commence work with a new employer upon USCIS’s receipt of the change of employer petition. If an individual is planning to take advantage of this provision, it is advisable to at least wait until the H1B Receipt Notice with the new employer has been received. However, an individual may be ineligible for the AC21 portability provisions if s/he ended their relationship with the previous employer prior to the filing of the new H1B petition. For a more in-depth discussion regarding this matter and the options available to you, please contact a qualified U.S. immigration attorney.

[miliaxy]

Hi Nsd1983,

He decided to start working after the employer has filed for the H1B visa and "USCIS’s receipt of the change of employer petition" (as mentioned by Murthy Lawyer above) since my husband also talked with the lawyer of the new firm and he said it with confidence that it is not illegal. So, we kind of trusted his judgement and planning to start working soon.

Thanks,

M