I have Bachelor's degree in Computer Sc. from a reputed college in India. I currently work for a reputed engineering company on H1-B visa as a S/W Dev. Manager. I have a good offer from another company and they have already filed for my H1-B transfer. I have received the H1-B transfer receipt notice, however because of suspension of premium processing, it might take several months to receive the approval notice.
Here is my current situation:
- I have an expired H1-B stamp on my passport.
- My I797 with the current company is valid until 07/2020
- The current start date with the new company is in Nov 2018
Given this current situation, I have below questions:
- Is it safe to join the new company on receipt notice? My job is strongly related to my education background.
- If I do join the new company on H1-B transfer receipt notice, what options do I have if my H1-B transfer application gets rejected?
a. Can I go back to my previous employer (assuming they are ok to take me back) with the approved I797 of 07/2020? Or do they have to file a fresh H1-B because I terminated my previous employment?
b. Do I have to immediately leave the country, or is there some grace period?
Q:- Is it safe to join the new company on receipt notice? My job is strongly related to my education background.
A: In my opinion it is NEVER SAFE to start working with nothing more than a receipt notice ... too many people suffer when the transfer papers aren't approved.
Q: - If I do join the new company on H1-B transfer receipt notice, what options do I have if my H1-B transfer application gets rejected?
A: You can go home and wait for another employer's papers to be approved.
Q: a. Can I go back to my previous employer (assuming they are ok to take me back) with the approved I797 of 07/2020? Or do they have to file a fresh H1-B because I terminated my previous employment?
A: It MIGHT be possible to go back to them.
Q: b. Do I have to immediately leave the country, or is there some grace period?
A: technically there is no grace period ... but CIS tends to 'overlook' people who leave quickly
KEEP IN MIND ... it would be best to wait for the new papers to be approved and not leave your current employer.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 35 years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
It all depends. The devil is in the details. I will second the Professor's apprehensive attitude towards moving to work on receipt. AS practical advice: Before doing anything ask to talk to the new employer's lawyer and seek guidance there. then get a second opinion from an immigration lawyer of your choice.
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