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will2003

Registered Users (C)
Ginnu & Other Gurus,

I've read the posts on this forum and would really appreciate your help on my h1b transfer case. The attorney of the new company said that she would file it in two weeks(!) and i should be able to start in two weeks. Is it OK? At first, I thought we should get at least the receipt from INS before I can start. Thanks a lot for an early reply!

BTW, what is the name of h1b transfer form?

Waiting on line.....Thanks!!
 
Yes, she can file it in 2 weeks for you, but you shouldn't start working until H1 is approved (it doesn't matter if you have a valid previous H1). If you start working while waiting for H1 approval, you will definitely violate the immigration laws and it will pose problems to green card processing. I suggest that you should keep working for your current company until your new H1 with your new company is approved.

there is no such as transfer H1 form. It is H1 form (there are options on same form.. like apply for new h1, renew, etc. if you get a new job, say apply for new h1).
 
USGC485 said:
If you start working while waiting for H1 approval, you will definitely violate the immigration laws and it will pose problems to green card processing. I suggest that you should keep working for your current company until your new H1 with your new company is approved.
Click to expand...

You are of course aware that AC21 explicitly provides for aliens in H-1 status to work for the new employer once the transfer has been approved by USCIS? This has been established law for four years now.

There's nothing wrong with what our original poster wishes to do; they don't need the receipt notice, only some assurance that the petition has been received by USCIS like a courier's receipt or tracking #.
 
It is absolutely not necessary to wait till new H1-B approval. I was in the same situation but I waited to have receipt in hand then start to work for new company, which was my atonnery wanted me to do this way.
 
Many thanks, guys!

I did some further research and it turned out the company's attorney was right. And she even said she had never had any h1b tranfer declined...so I guess I'll go with her choice.

I'll keep you posted to see if my i485 could be triggered or not. :-)
 
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