My new employer filed for my H1b transfer on 01/19/07. How long do I need to wait before I can start working with him? Do I need to wait till I get receipt from USCIS?
2007-01-21 15:58:43 · 3 answers · asked by Anonymous in Politics & Government ➔ Immigration
You should check the Portability Rules.
The American Competitiveness for the 21st Century Act (AC21), was signed into law by Congress on October 17, 2000. The law makes several comprehensive changes to the H-1B Specialty Occupations visa classification. Among these is an “H-1B portability” provision. The citation for this law is Pub. L. 106-313 (October 17, 2000).
Under AC21, H-1B employment may begin as soon as the new employer “files” an H-1B petition provided that the prospective employee:
1. Already holds valid, unexpired, H-1B visa status for another U.S. employer
2. Was legally admitted to the U.S. in a temporary visa classification
3. Has not worked without authorization since the original date of admission to the U.S.
4. Is the beneficiary of a non-frivolous H-1B petition filed by future employer before the previous H-1B status has expired.
Basically, as soon as they receive the Receipt Notice, you can start work, provided you haven't broken any of the previous rules.
2007-01-22 09:12:20 · answer #1 · answered by hotdoggiegirl 5 · 0⤊ 0⤋
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2016-12-14 09:12:20 · answer #2 · answered by ? 4 · 0⤊ 0⤋
yeah..you should wait until you get the h1b from your new employer. do it with premium processing if you want faster..
i got mine in 10 days....
2007-01-21 16:07:32 · answer #3 · answered by mtryfena 3 · 0⤊ 0⤋