I am currently on H-1B with Employer A & have initiated H-1B transfer to employer B. I'd like to know when I can leave A.

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I am currently on H-1B with Employer A & have initiated H-1B transfer to employer B. The H-1B petition with employer B has been filed with USCIS and I am waiting for the receipt notice. When can I quit employer A? Do I need to wait for the receipt notice (I am told it will take 15 calendar days). Can I take a break before I join employer B? Appreciate your attention and assistance.

Attorney Answers

3
Elizabeth Kozycki ·
You can lawfully begin working with employer B as soon as the receipt notice is received. As far as a break, it depends on what you mean by that question. You can take permissible leave from the employer, but not have an actual break in employment that would jeopardize lawful status.
0 upvotes
Calvin T. SunImmigration AttorneyPaoli, PA ·
You can start as soon as your new petition is filed, but it is better to wait until approval, to avoid status issues.
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Charles Goldsmith ·
Under the doctrine of portability, you can switch from one employer to another after your change of employer application is filed. Many people recommend waiting until you receive the actual receipt from USCIS to make sure they received and accepted your application for filing. This is the safest, most conservative advise and probably is the best thing to do unless you have a good reason to leave sooner.
0 upvotes