H1 Transfer - Joining new employer without H1B final approval

[sunitha82]

Hi,
I came to USA in March 2014 on H1B through company A. My H1b was stamped in Nov 2013 and valid up to 2016. I got an offer from a reputed company B in USA and I accepted the offer. The company B filed my H1B a few days ago. I got the receipt number. This was filed under regular processing. The company B told me that I can resign from company A now and join company B in 10 days. The company A will accept my resignation.

Can I join company B with out the approval and with just receipt number? If we get RFE, what are the options? Please clarify

Regards,
Sunitha

[raghvi]

Hi,
I came to USA in March 2014 on H1B through company A. My H1b was stamped in Nov 2013 and valid up to 2016. I got an offer from a reputed company B in USA and I accepted the offer. The company B filed my H1B a few days ago. I got the receipt number. This was filed under regular processing. The company B told me that I can resign from company A now and join company B in 10 days. The company A will accept my resignation.

Can I join company B with out the approval and with just receipt number? If we get RFE, what are the options? Please clarify

Regards,
Sunitha

Though legally one can start employment on the basis of receipt, but if eventually the petition is rejected you risk going out of status and then will have to exit US. If in a hurry ask employer to file in premium , and join only after approval.

This is my opinion not legal advice.

[sunitha82]

Gap between employment dates

Though legally one can start employment on the basis of receipt, but if eventually the petition is rejected you risk going out of status and then will have to exit US. If in a hurry ask employer to file in premium , and join only after approval.

This is my opinion not legal advice.

Thanks raghvi for your answer. I decided to join company B. But the joining date in company B is 10 days after last working day in company A. Is this fine? Will I face issues later during my GC processing? Please clarify.

[raghvi]

You would be out of status for those 10 Days. Whether it is a problem or not during GC depends upon the officer reviewing your case. I would say avoid going out of status.

This is my