H1-B Questions

[tess]

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

[tess]

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

[sgo]

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.

[RationalE]

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.

[Rough Neighbor]

... 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."