Transfer to another employer while working on receipt

helph1transfer

New Member
Hello,

I had valid H1 VISA with my previous employer that expired on Sep 29 2017. In May 2017 I got an offer from another company and filed transfer in June 2017. I stated working with new employer and filed transfer and transfer is still in process. My valid VISA with previous employer expired on Sep 29 2017 and with my current employer am working under transfer receipt. My question is, given that I don't have a valid approved VISA and am working under receipt, and I got offer from another company, Can I transfer to that company and start working there and process the H1 transfer with that company? or should I be under my current employer until my transfer is approved and then I have to move to another company? Also, does 240 day limit applies for transfer cases, if it applies, from when does it apply - either from Transfer receipt date or from last visa expired date?
 
A H1B holder has the 60-day grace period after losing his or her job or until i-94 expires (whichever is shorter) to find a new h1b employer. During the grace period, once the petitioner files a transfer petition, he or she can start working for a new employer and there is no need to wait for the approval. In your case, your status has expired before you filed the new petition. Therefore, you were not authorized to start working for a new employer. In any case, you should seek an advise from a qualified immigration attorney.
 
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