Written by attorney Anu Gupta

Working for new employer while H1 transfer is still pending

Question. Should I move while H1transfer is pending? I am moving out of my current company and going to work for a new employer. The immigration attorneys at the new employer gave me the following advice. Could you please opine on the below?

Your case was received by the USCIS in premium processing and we are expecting to hear back from them. You can give your notice to your current employer at any time. Since you are transferring your H-1B to a new employer, you can legally begin working for the new employer once the case is filed. The receipt notice has been issued so you can leave your current employer at any time.

Answer. Legally you are allowed to start working for a new employer after the H-1B transfer they file for you has been accepted for processing by the CIS. However, if you have the option, I don’t advice that you move till the case has been approved. For peace of mind, it may be worthwhile to wait the 15 days it will take the CIS to issue a decision on your premium processed case. Transfer petitions sometimes have RFEs. You want to make sure that you will have the case approved.

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