Old beaten up question... H1 transfer

[sathsy]

Hi, I kinda read mixed reviews about when can one start working for a new employer after a H1 transfer

* Fedex delivery confirmation
* Actual Receipt number (EAC or WAC I think)
* Actual approval of H1b

Here is my situation, pretty simple, working full time for employer A transferring to employer B, The Attorney says it is perfectly legal to work once the H1b documents are sent to USCIS and they get a FEDEX delivery confirmation receipt.

He also told me the actual H1B EAC number would take about 6-7 days from it and then the approval.

It is a nerve wracking experience for me in the past 2 weeks. Is a H1b guy legal to work for the new employer based on just a FEDEX delivery confirmation?

Please guys... answer me. I did search up for this issue/google'd it I see mixed responses.

A confused Desi...

[shervin143]

Unless your petition for transfer is accepted by USCIS, you cannot work for the new employer. The only way to confirm that you transfer petition is accepted by USCIS is when you get the receipt notice sent by USCIS. FexEx receipt doesn't mean anything. What if the package gets lost and it didn't make it to USCIS? Your employment will become illegal since USCIS is not aware of your joining the new employer without their acknowledgement.

[sathsy]

So, My guess is if it is a premium processing, it should take another 7 days just to get the confirmation from USCIS right?

[sathsy]

TXH1B, Subramanya anybody....can you guys please answer?

[Sheetu]

H1 transfer possible if out of US for more than 1 year?

My situation is that my employer filed for my H1b which was effective from Oct 2008 and valid till 9/5/2011 after which H1B could be extended for further 3 years. However, I was laid off on August 18 2009 and then I left US on Oct 31 2009. I have a B1/B2 visa (valid till Aug 2020) and trying to be back in US on B1/B2 visa and find a job.

The question what I am really concerned about is:

1. When companies ask me what is my visa status, can I reply " I have H1b which is valid till 9/5/2011 (which is Sep 2011)?
a. Does it mean that anyday my h1b is filed by the employer I can start working straight away and do not need to wait till Oct 1st for the H1b to be effective and hence start work?"
b. will it be correct to say that my H1b transfer petition will not be subject to H1b cap whether I get a job in 2010 or 2011
c. If I would have worked continuously from Oct 2008 till Sep 2011, then the H1b would have been valid till Sep 2011. However, as I was laid off in Aug 2009 and left US in Oct 2009, the 3 years on h1b will not be consumed till 2011 Sep. Will I be able to work on H1b much longer than Sep 2011 once I RE-Start work on H1b?

2. Another question I have is that if I visit US on B1/B2 and then after I have a job get H1b, will B1/B2 be canceled and become invalid to be used anytime in future? For example, my status changes to H1b in Sep 2010 but then I leave US in 2012. Will I be able to re-visit US on my current B1/B2 visa, which is issued to me in Sep 2010 ( valid for 10 years) in 2012 OR will I have to reapply for B1/B2 again?

Thanks

[txh1b]

Yes, H1b holder can work based on confirmation of delivery to USCIS accepting the risk that it could result in an approval or a rejection. The legal requirement is for USCIS to have received your petition for transfer prior to beginning work. Rest all depends on how much risk you are ready to take.

[sathsy]

Yes, H1b holder can work based on confirmation of delivery to USCIS accepting the risk that it could result in an approval or a rejection. The legal requirement is for USCIS to have received your petition for transfer prior to beginning work. Rest all depends on how much risk you are ready to take.

Hi TXH1b, thanks for the timely answer. so, when you say "Confirmation of delivery to USCIS", It is not the H1B receipt, but just based of the FEDEX delivery confirmation right?

Thanks for your time.

[txh1b]

Hi TXH1b, thanks for the timely answer. so, when you say "Confirmation of delivery to USCIS", It is not the H1B receipt, but just based of the FEDEX delivery confirmation right?

Thanks for your time.

Yes, all you need is for USCIS to have received your packet for H1b transfer. You can look up AC21 act online and the memo from USCIS details it.

Officially, you can start the day USCIS receives your request for transfer i.e FEDEX delivery confirmation. If the fee was not correct or a missing signature results in the petition not being accepted and returned, you are screwed as it is considered illegal employment.

People with less risk tolerance start after receiving the receipt confirmation that indicates USCIS has accepted your request. If the approval is denied, you are still screwed as it results in illegal employment as well.

People with zero risk start only after getting the approval I797 in hand. Safest approach is to go for this and go with Premium so that you get the result in 10 days. I have always used this option everytime I have changed jobs as I don't like to take any risk with USCIS.