This article provides a comprehensive guide to the H1b Transfer process and the I-9 verification process. Learn the steps involved in both processes and the documents required for a successful transition.
Proof of work authorization for an H1b transfer comes from the American Competitiveness in the Twenty-First Century Act (AC21), an H1B worker may begin working for a new employer upon “receipt” which can be taken to mean when the case is received by USCIS requesting an H1B change of employer.
To complete the I-9, the new employer should use the H1B employee’s form I-94 issued for employment with the previous employer, along with that person’s foreign passport, the combination of the two qualifies as acceptable documentation to verify both identity and work authorization for the I-9.
The new employer should write “AC21” and enter the date the form I-129 was submitted to the U.S. Citizenship and Immigration Services (USCIS) in the “additional information” field on form I-9. As long as the date of submission is prior to the I-94 expiration date with the previous employer, work authorization is automatically extended as long as the H1b is pending with USCIS under the provisions of AC21.
The I-9 file should have the H1b receipt added to it when it arrives in the mail or via email. Further, the employer should re-verify the I-9 form when the approval notice is eventually issued.