Asked by Member
I'm on H-1B with my current employer until December. A new company has offered me a job and their lawyer says they will file the transfer petition next week.
Do I have to wait for USCIS to approve it before I start, or can I start once it's filed? I don't want to risk my status.
Marked best answer by the asker
Generally yes. H-1B portability lets you start working for the new employer once their petition is properly filed with USCIS, as long as you were admitted in H-1B status and haven't worked without authorization since.
Ask the new employer's attorney to confirm before your start date, and keep the USCIS receipt notice. Our H-1B portability guide covers the conditions.
Answered by H1BVisaJobs Team
I did exactly this last year. I started three days after the receipt notice came through and the approval arrived about two months later. HR asked for the receipt for my I-9.
Answered by Member