Legal Question in Immigration Law in Ohio

I have a valid H1B and my new employer will be initiating a H1B transfer using regular process. I am worried if its risky to start working without the USCIS receipt . Please advice.

My new employer says i can start working once i receive FEDEX/UPS delivery confirmation of the H1B transfer documents to USCIS


Asked on 1/12/15, 6:34 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

A person can start working as soon as the case is filed (received) by USCIS. However, most people like to be cautious & wait for the Receipt Norice, which could take a couple of weeks to generate.

Also, keep in mind that if for some reason the H-1B "transfer" is denied, then you may face an unlawful presence issue. Thus, some companies prefer to premium process the I-129 & wait for the petiton to be approved before the foreign worker begins employment with the new company.

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Answered on 1/13/15, 9:59 am


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