Join company before "Valid start date" on Approval notice?

[TorreyPines]

Folks,

I am changing employers and my H1B Transfer has been approved with a start valid date in February. Can I still join my new company earlier than what is mentioned in the approval notice? I have maintained my status all the time in US. My attorney is in brief holiday and wanted to run by you guys once...

Thanks.

PS: Posting here for wider audience. Will remove it later today. Thanks for your patience.

[zenmaster]

Folks,

I am changing employers and my H1B Transfer has been approved with a start valid date in February. Can I still join my new company earlier than what is mentioned in the approval notice? I have maintained my status all the time in US. My attorney is in brief holiday and wanted to run by you guys once...

Thanks.

PS: Posting here for wider audience. Will remove it later today. Thanks for your patience.

Yes Torrey.
In case of H1 Transfer, one can start working for the new employer as soon receipt is obtained.
The start date on the approval notice won't matter.
I have done it earlier and my attorney confirmed that late start date on approval notice wont create issue.
Thanks !

[TorreyPines]

Thanks Zenmaster for sharing your experience. Appreciate it.

[qesehmk]

zenmaster, thanks for sharing. I am really surprised that a lawyer would advise something like that. And it could very well be true.

But unless somebody (may be spec or kanmani) help us understand the legal basis of such a thing - I personally would never recommend somebody to take a chance on this one.

Yes Torrey.
In case of H1 Transfer, one can start working for the new employer as soon receipt is obtained.
The start date on the approval notice won't matter.
I have done it earlier and my attorney confirmed that late start date on approval notice wont create issue.
Thanks !

[Kanmani]

Q,

Yes , Zenmaster is correct.

This is derived from the H1b Portability provisions of AC21 act (The American Competitiveness in the Twenty-First Century Act, year 2000). H-1B employees can start working for the new employer as soon as H-1B transfer petition is filed with USCIS. ( Filing proof = Receipt notice from uscis) . Previously, the employee must wait for the approval notice .

H1b to H1b ------ Can start after filing petition
H4/F1 to H1b ------ Must wait for H1b approval notice

What happens if the transfer petition got denied after joining company B?

Different opinions across the aisle .
Most common interpretation is that the last approved H1b stays valid as long as the employer (company A ) has not cancelled it. This stands true only after the second H1b petition is denied .

[qesehmk]

Kanmani Thanks. You are the best!

Q,

Yes , Zenmaster is correct.

This is derived from the H1b Portability provisions of AC21 act (The American Competitiveness in the Twenty-First Century Act, year 2000). H-1B employees can start working for the new employer as soon as H-1B transfer petition is filed with USCIS. ( Filing proof = Receipt notice from uscis) . Previously, the employee must wait for the approval notice .

H1b to H1b ------ Can start after filing petition
H4/F1 to H1b ------ Must wait for H1b approval notice

What happens if the transfer petition got denied after joining company B?

Different opinions across the aisle .
Most common interpretation is that the last approved H1b stays valid as long as the employer (company A ) has not cancelled it. This stands true only after the second H1b petition is denied .

[sanaz62]

Folks,

I am changing employers and my H1B Transfer has been approved with a start valid date in February. Can I still join my new company earlier than what is mentioned in the approval notice? I have maintained my status all the time in US. My attorney is in brief holiday and wanted to run by you guys once...

Thanks.

PS: Posting here for wider audience. Will remove it later today. Thanks for your patience.

I am in the similar situation now. My employer filed a H1B visa on my behalf for the first time (I was on F1 and EAD when I joined the company). H1b got approved but the valid date will be October 1st 2013; while I got a job offer from Company B recently and when they realized about my visa situation their attorney said it is not possible to transfer the H1B before the activation date so they had to revoke the offer!!!

I talked to another attorney before and he said that is a possible thing and it is all over the internet that transferring a H1B visa before the start date (valid date) once it got approved under CAP provision is possible. I need some advice here, please some body help me and let me know if it is possible to transfer H1B before the start date and what is the best thing to do now?!!!

Thanks. I really appreciate any input.