If you are currently in H-1B status your can "port" to a new H-1B employer and can begin working for your new employer upon submission of the new H-1B petition with USCIS, subject to ultimate approval. If you are not presently in H-1B status then you will have to wait until the new petition is approved and your status is changed to H-1B or you enter the U.S. with an H-1B visa.
Your lawyer should be able to explain this to you. If not, then you may wish to consult with another attorney for a second opinion.
Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
2925 PGA Blvd., Suite 204
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
Under the H-1B portability rules, you can immediately start working for the succeeding employer as soon as the H-1B petition is filed. This is subject to approval, of course.
If you want to be ablsolutely certain to receive a decision from USCIS prior to transferring employment, you can premium process for an extra filing fee of $1225. You should be able to hear from USCIS within 15 days but if there is a request for evidence, the final adjudication will not take place until the response to the request for evidence is received by USCIS.
Madrid Crost Law Group - (888) 466-4478; e-mail: firstname.lastname@example.org; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.
Estimated processing times are as posted on the USCIS website.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.