H1 Transfer - when can i start work?

techy2468

Registered Users (C)
new employer is about to file for H1B Transfer, but i am supposed to start working for them from Feb 01.

if i remember the rule correctly........are we not suppose to have the Receipt Notice (797) before i start working for the new company??


or is it possible that i can start working for them just after they send the application to uscis??
 
Waiting for the receipt notice is safer. But, I think you can start working as soon as your application is delivered to USCIS...basically your receipt date.
 
KMax said:
Waiting for the receipt notice is safer. But, I think you can start working as soon as your application is delivered to USCIS...basically your receipt date.
but what if uscis return the application....because it may be incomplete...

i wonder if couple of days or a week is also considered as a violation??

my company people are idiots.....i think i will just work without pay till i see the receipt notice.......i hope they know the gravity of things they are dealing with........

i do not want to jeopardize my 485 which is in process......
 
to me it looks like the violation may not be my fault.....because the employer told me that they have filed my application well before i joined them.......and i am not entitled to see the paper work anyways.....because thats not my right......its between uscis and my employer.

so how am i supposed to know that my petition was not filed on time, and if it was not filed on time and the employer did not disclose that to me.........me still being legal because of my current H1 still being valid (i also have a ead)......how can uscis hold me responsible for the gap of few days or a week??

i think i will just keep a low profile without raising too much stink.......as such they think its so much hassle to hire me....

any opinions??
 
techy2468 said:
how can uscis hold me responsible for the gap of few days or a week??
any opinions??

Whoever's fault it is, it will come back to you and you'd end up paying for it...so just play safe. When I transfered, my lawyer strongly suggested waiting for the receipt so I took 2 weeks vacation from the last job till I got my new receipt.
 
jasmine7103 said:
Whoever's fault it is, it will come back to you and you'd end up paying for it...so just play safe. When I transfered, my lawyer strongly suggested waiting for the receipt so I took 2 weeks vacation from the last job till I got my new receipt.
thanks for your feedback........i just wish that i get my GC and be done with these kind of shitty employers......
 
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