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Navigating H-1B Transfer: When Can You Start Work?

By March 7, 2024March 22nd, 2024No Comments

Jeelani Law Firm is here to help answer your questions about H-1B transfers, including the critical inquiry of when a transfer employee can legally commence work. Let’s explore the nuances and considerations associated with determining the start date.

Legally, an employee on an H-1B visa can initiate employment with the new employer upon delivery of the transfer petition by U.S. Citizenship and Immigration Services (USCIS).

Opting for the most cautious approach entails awaiting USCIS approval of the transfer petition. While this ensures the highest level of certainty, it may entail a waiting period of 4-6 weeks or longer. Premium processing offers a quicker decision within 15 calendar days, albeit with the potential for a request for additional evidence (RFE). Without premium processing, the timeline extends to several months. Consequently, relying solely on USCIS approval for setting an employee’s start date proves impractical for most employers.

Jeelani Law Firm stands ready to assist you in navigating the intricacies of H-1B transfers, ensuring compliance and efficiency throughout the process. Contact our law firm today!

Jeelani Law Firm, PLC

JEELANI LAW FIRM, PLC is regarded as one of the top immigration law firms in the industry. We handle all immigration matters including family based adjustment of status/green card cases, citizenship filings, representation of businesses and employees when filing L1A/B Petitions, H1B petitions, and Permanent Labor petitions. Our firm also litigates immigration cases dealing with delayed adjudications as well as appellate matters before the U.S. Federal Courts, U.S. Immigration Courts, USCIS and the BIA. Given the complex nature of immigration law, inexperience can lead to many mistakes which may result in delays, denials, and loss of filing fees and valuable time. Contact our office and we will take care of the rest.