Can my employee start working after I file my petition? Home » Can my employee start working after I file my petition? Based on the legal consequences of a denial of the new petition, it is important that the alien worker and his prospective employer obtain adequate legal advice regarding the probabilities of an approval or denial of the alien non-worker H1B petition before the alien worker leaves his or her current employment to start working for the new employer.
In this situation, the employer may apply to extend the H1B visa for another three years. Should you remain and work in the US with H1B status for the full six years, you may become eligible for US permanent residency.
You will, however, only be eligible if a sponsoring employer petitions for a change from H1B to Green Card status on your behalf. In addition to qualifying employment, you will also have to evidence that you meet one of the following eligibility requirements:. Due to the competitiveness and uncertainty of the H1B visa route, it is imperative that all related time considerations are taken into account when deciding to proceed with an application, and planning for extensions for longer term employment contracts.
Take specialist immigration legal advice to ensure that the H1B process is handled in the best way possible to support a successful outcome. This article does not constitute direct legal advice and is for informational purposes only. Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website.
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Find this on the receipt notice mailed to the employer after USCIS accepted your case for processing. On the processing times web page, first select "I," which is the form the employer submits for H-1B petitions.
How will you know which service center to select? The first three letters of the receipt number indicate the service center where your application was filed. As of , this is either the Vermont Service Center, the California Service Center, the Nebraska Service Center, or the Texas Service Center, depending on where your employer's office is located, which center serves that geographic region, and which type of H-1B petition the employer is submitting, for instance change of employer, extension of status with no changes, or cap-exempt employer.
The case processing website provides an "Estimated time range. There also is a "Receipt date for a case inquiry," which is explained below, for when your petition is beyond the processing time range.
The information you get from the processing times website is USCIS's best guess based on its most recent data. But if your case is outside of the estimated processing time, the employer can call USCIS at or use the link on the processing times page to place a service request. For instance, if the case was receipted July 31, and the "Receipt date for a case inquiry" is August 1, , this would indicate that USCIS already should have reviewed your petition or reached a final decision, approval, or denial.
Once the agent places the service request on the case, USCIS will provide a confirmation number as well as a new estimated time of processing, typically 30 to 60 more days.
Of course, if your employer paid for premium processing, there is a guarantee of a decision within 15 days, so you should be able to rely on that.
If it is taking longer, your employer might have received a Request for Evidence that needs to be responded to before USCIS can make a decision. But even so, USCIS should make a decision within 15 days after receiving your employer's response to the request. As mentioned above, you might be applying under the H-1B cap—that is, an annual limit of 65, on the number of H-1B petitions approved. We recommend obtaining a new passport with given and surnames if possible.
The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term. You may enter the U. At the port of entry, you may request that your I card be issued with an additional ten 10 days beyond the expiration data of the I approval notice. CBP officers at the port of entry are not required to grant these additional days, but you may still request them.
If you receive additional days, you are not authorized to work beyond the expiration date of the I approval notice. You do not need to present your original I approval notice when you apply for entry into the U.
The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. We do recommend that you carry a copy of the I approval notice and the petition documents to avoid potential delays. After you have entered the U. Please also be sure to email us a copy of the I printout for your file. If there is an error, check here for instructions on how to fix an I card within the U. Once you receive your visa, please forward a copy of the visa and I card to our office.
Please be sure to do the same for your dependent s. Accurate I records control your lawful status: they are very important. In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the U. There are some exceptions to this rule. If your country is in agreement with the U. The list of member countries is here. The expiration date of your I card should match the expiration date on the H-1B approval notice.
However, if your passport expires before the end date of your H-1B approval notice, you may not be admitted to the United States for the full-term of your visa and your I card will expire on the date your passport expires. If this happens, please contact us so we can discuss how to maintain and extend your status. If your passport is renewed within 30 days of your entry, then you may be able to present your passport to a Deferred Inspection united to have a new I card issued.
If you receive a new I approval notice extending your stay prior to your departure, be sure to present the I approval with the latest validity date to ensure that your I card will have the latest expiration date.
In addition, you should be aware that CIS requires all non-U. You can notify CIS of any change of address online. You may begin work for an employer while your application for a Social Security Number is pending.
It takes approximately 10 business days from the time you enter the United States for your entry data to be entered into DHS systems and made available for verification purposes.
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