H1B Transfer filing on the date of joining

[dadarockz]

Hello

I have received a full time offer from Company A, and they are ready to sponsor my H1 transfer. It is their policy that they would file my H1 transfer only on the day that I start working for them. They are saying that legally they have until 30 days to get my H1 transfer from the date I join them. I was under the impression that I could start working only after receiving my receipt notice.

I really want to work for this company, but is it legal to join them without even filing an H1 and they filing on the date I join? They are saying that they have done this way for their previous employees in H. Please note that they usually don't employ H1 workers and to my knowledge, they have done extremely less H1 employees.

[shervin143]

The H1B transfer should be filed before you can start working for the new employer. USCIS should be notified before you join them. Otherwise it is considered unauthorized employment.

It is advisable that you join them only after a successful H1B transfer. But if that is not an option, then you should definetely wait at least till you receive the receipt notice from USCIS (That is the acknowledgement that you have intimated USCIS of your transfer and they have accepted to consider your request).

[dadarockz]

Thank you for your quick response.

I tried to convince them saying that I would have issues if my current employer cancels my H1 Petition. They keep saying that they will file only on the date that I join as it is their policy, and they insist that it is completely legal and hence they won't make an exception for me. I am in a fix on what to do now. I really like the company.

So, it is illegal to join a company even if they are filing my H1 on the same date as of my joining, correct?