Can you start working in US without H-1B visa receipt?
What's the story
Onboarding an employee onto a new job in the US can be a rather complicated process, especially when it involves the H-1B visa.
A frequent scenario is getting a job offer and starting the onboarding by filling up Form I-9 and scheduling a Fieldprint appointment.
However, things can get complicated when an H-1B transfer hasn't been filed and consequently there's no receipt.
Here's a look at the intricacies of this situation, and its implications for both employer and employee.
Visa validity
Understanding the role of I-797A
The I-797A is a document from the US Citizenship and Immigration Services (USCIS) which acts as proof of a person's legal status in the country.
It means the candidate is legally in the US till a certain date, due to an I-797A from their previous employer.
However, it doesn't ensure work authorization with a new employer without filing for H-1B transfer first.
Transfer necessity
Importance of H-1B transfer in onboarding process
To work for a new employer on an H-1B visa, you have to file a transfer petition.
After that, the employee is eligible to start working based on receipt notice from USCIS. This is called H-1B portability.
Until you file for transfer, potential employers have no legal grounds to check work authorization on Form I-9.
Compliance issues
Potential risks of premature I-9 verification
Asking an employee to go through I-9 verification before applying for the transfer can be dangerous and hasty.
It would be best to address this matter with HR, since there's no work authorization with the new employer until the transfer petition is filed and the receipt notice is received.
Filling out Form I-9 on the basis of documents of an old employer might also bring about compliance issues.