Joining a new company, before decision of USCIS

[abhisheks77]

Hi,

I am on H1b and my petition is valid till June 2017. Now I got an opportunity from new company, but they do not want to wait for long, neither they will pay for premium processing from their pocket.
As per them, it is no problem, if I join them once USCIS receives my transfer application, since I will be going to same kind of profile.

Should I be concerned about anything here ?
Legally, is it correct to join new company, without USCIS approval (not just information) ?

Regards

[raghvi]

Hi,

I am on H1b and my petition is valid till June 2017. Now I got an opportunity from new company, but they do not want to wait for long, neither they will pay for premium processing from their pocket.
As per them, it is no problem, if I join them once USCIS receives my transfer application, since I will be going to same kind of profile.

Should I be concerned about anything here ?
Legally, is it correct to join new company, without USCIS approval (not just information) ?

Regards

It is allowed but a big risk, if for some reason the new employer's petition gets denied or is approved as consular process (no new I-94), then you go out of status and would have to leave US. The advantage of filing it in premium is that you do not wait for few months to find out that the petition was approved or denied. If you really want to take the next opportunity then it might make sense to pay the premium fees out of your pocket and convince the employer to file it under premium.

This is my opinion not legal advice.