Change payroll before get "Receipt Number"

luckyman

Registered Users (C)
Can I join the new company before my attorney get the "Receipt Number" back from INS service center for the H!B transfer ? The new company attorney said "portability rule" allow me to join once they filed the transfer to INS , is that true ?
 
Originally posted by hope2003
Can I join the new company before my attorney get the "Receipt Number" back from INS service center for the H!B transfer ? The new company attorney said "portability rule" allow me to join once they filed the transfer to INS , is that true ?
You will need the actual receipt notice for H1 transfer, not just the number. That receipt acts as your temporary work authorization until the H1 transfer is approved. Without the receipt you will not be able to prove work authorization.
 
You sure?

But the attorney from the new company and HR person are very
confident and positive about what they said. They told clearly I don't have to have the "receipt notice" to join them. Are you 100% sure ?
 
Re: You sure?

nkm is correct. you can join the new company once you/they have the receipt for your H1 transfer application.

Originally posted by hope2003
But the attorney from the new company and HR person are very
confident and positive about what they said. They told clearly I don't have to have the "receipt notice" to join them. Are you 100% sure ?
 
The Immigration and Nationality act as amended by Congress in 1996 law requires that only those who are authorized to work in the United States be hired. Employers are required by law to verify work authorization before employees can begin to work. There are clear regulations and documentation requirements and a form I-9 is required to be filed for every employee who gets hired.
Employment authorizations come in many forms. Everyone including US citizens have to prove work authorization to their employers before they can begin to work. For US citizens a declaration of citizenship, a social security card (unrestricted) and a driver's license, a US birth certificate/passport are some documents establishes their right to work. For permanent resident aliens their A number, SS card /DL combination or simply their permanent resident card does the job of establishing right to work. For other aliens the following are acceptable documents:
1) Original H1 approval notice,
2) Original EAD,
3) Refugee Travel document,
4) Asylum approval notice,
5) Other L or O status approval notice.

After AC21 was passed it became possible to change form one H1 status job to another without waiting for item 1) to be available. USCIS released regulations where the receipt notice would establish right to work for upto 240 days.

I am not sure why your lawyer and/or HR person are either in denial of the law or ignorant of the law.
 
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