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H1B transfer - Start date after i797a? - Start PERM process before i797a?

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  • H1B transfer - Start date after i797a? - Start PERM process before i797a?

    Hello All,

    I have a couple of questions about the h1 transfer process. I have currently accepted an offer from company B and in the process of transferring the H1. The lawyers have received the i797 c intimating that the application has been received. Now

    1. Is it legal for me to start working with just the i797 c ? The document states clearly that it does not grant me any immigration status or benefit
    2. I am not sure if the company has filed for premium processing or not. If they haven't i assume it will take 3 months from now to get the approved notice. Can i work on the i797c till then?
    3. Do i need to have a fully approved i797 a to actually start working for the new employer?
    4. Finally, can the firm start the PERM process without the fully approved i797 a?

    Thanks in advance your time & help

  • #2
    Originally posted by indiana_pacer View Post
    Hello All,

    I have a couple of questions about the h1 transfer process. I have currently accepted an offer from company B and in the process of transferring the H1. The lawyers have received the i797 c intimating that the application has been received. Now

    1. Is it legal for me to start working with just the i797 c ? The document states clearly that it does not grant me any immigration status or benefit
    2. I am not sure if the company has filed for premium processing or not. If they haven't i assume it will take 3 months from now to get the approved notice. Can i work on the i797c till then?
    3. Do i need to have a fully approved i797 a to actually start working for the new employer?
    4. Finally, can the firm start the PERM process without the fully approved i797 a?

    Thanks in advance your time & help
    Its legally to start working with B, but the larger question that you need to be thinking about is that if for some reason B's petition is rejected, you end up being out of status and would then have to leave US.

    Ask yourself, is the company and job so lucrative for you to take that risk and not wait for the approval to happen? Its hardly a matter of few weeks. If they really need you am sure they would file in premium and on board you after approval, provided you hold your ground to make them do so.

    This is my opinion not legal advice.

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