I-9 E-verify during h1b transfer

USA
1

Hi Anil,
I work for company A and my H1b is valid untill 2023. I received a job offer from Company B with start date of 6/1/2020 and the lawyers for Company B applied for h1b transfer on 5/28 and told me that I am good to start on 6/1 and company B. I received Tentative Non confirmation on e-verify and when I called USCIS they mentioned that they cannot see my transfer application in their system.

  1. Was the lawyers wrong to suggest that I start working for company B even before getting a i797 receipt notice?
  2. I have already quit from my old employer because of this and if I cannot start with Company B untill e-verify clears then do I still get 60 days grace period?

Thank you

2

My suggestion is always to wait for official USCIS receipt number to start working with new employer.

You should be able to use H1B 60 day grace period if your i94 has not expired.

3

I spoke with USCIS and they said I can start working for Company B as soon as the application was submitted to USCIS. However they need I797 receipt number to e-verify me to work for Company B. They suggested my new employer to cancel the e-verify request and re verify after the receipt notice. As you mentioned, I will never change employer without getting H1b receipt notice or confirmation next time.

4

My H1B transfer was filed on May 28th at Nebraska center without premium processing and received my receipt notice on jun 26th. When I looked at the status online I see that i129 was approved on May 25th.