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  • H1-B Questions

    Hello!

    I already have the H1b status approved and currently filing for a transfer to a new company on an expedited basis. Here are my questions:

    1 - I hear that after the H1b transfer petition is filed with USCIS, it might take them a few weeks until the application is accepted for processing. And the 15-day period in which USCIS guarantees an answer (under the premium processing) starts ONLY after this date. From you experiences or knowledge, how long this period really lasts?

    2 - can I start working for the new company in the same day that the transfer petition was filed with USCIS or only after my application is accepted for processing?

    Thank you,

    Tess

  • #2
    Hello!

    I already have the H1b status approved and currently filing for a transfer to a new company on an expedited basis. Here are my questions:

    1 - I hear that after the H1b transfer petition is filed with USCIS, it might take them a few weeks until the application is accepted for processing. And the 15-day period in which USCIS guarantees an answer (under the premium processing) starts ONLY after this date. From you experiences or knowledge, how long this period really lasts?

    2 - can I start working for the new company in the same day that the transfer petition was filed with USCIS or only after my application is accepted for processing?

    Thank you,

    Tess

    Comment


    • #3
      tess, I was in a similar situation a while back. I had my H-1B with one company then got a new job with another.

      As far as I know, once the new company has filed your H-1B transfer you can legally begin working with them. My approval of my H1B transfer came months after I began working at my new job.

      Comment


      • #4
        You may wish to research American Competitiveness and Workforce Improvement Act of 1998 for portability issues, or consult an immigration attorney [in charge of filing your petition] for both.

        Comment


        • #5
          ... or I think more appropriately pursuant to the American Competitiveness in the Twenty-First Century Act of 2000 (AC21), that's quite liberal in its wordings under Section 105, that goes:

          "A nonimmigrant alien... who was previously issued a visa or otherwise provided nonimmigrant status... is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant... Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease."

          Comment

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