Is it safe for new employer to start payroll without H1 receipt number?

R

ranjitk

New Member
Hello everyone,

I am on H1 visa and my new employer filed for H1 extension on April 3rd 2009 in CA center. Even after 28 days of filing receipt number has not been issued yet, and the check for fee hasn't been cashed by USCIS so far. I started working since the date employer received the fedex number.

My new employer is concerned about the legalities whether its safe to run the payroll without the receipt number. Can someone please advice regarding this?

Thanks!
Ranjit.
 
2 kinds of evidence

To work for the new employer, you should have evidence that your employer has filed the H1 extension:

1) An H-1B transfer receipt received from the USCIS is confirmation that your H-1B transfer was successfully filed with the USCIS. or

2) A certified return receipt of an H-1B transfer issued by any post office branch is also sufficient evidence that your H-1B transfer has been filed. (see http://www.greencardapply.com/h1b/h1b_faq.htm)

If you do not have both evidence, you can not prove that you filed and USCIS received your H1 extension.
 
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