Complicated H1B Transfer question - Visa Approved but still an issue remains!!

10dulkar

Registered Users (C)
hey guys, i have posted here before but there have been some new developments so posting again:

i was working with company A and have paystubs till Oct 15th (Fri) which is my last day at A. Company B filed for my H1B transfer (normal, not premium) on Oct 19th (Tue) so there is a gap of a couple of days between my last day at A and my visa application at B. i have started working for B from Oct 26th.

anyway on Nov 3rd Company C also filed for my H1B transfer and they have no idea about B. i just submitted my paystubs from Company A to them and they filed for the Visa. Just heard from C, that my H1B visa has been approved, but they have the approval from 1st Dec (they just got an email, havent received the petition yet - its in the mail)

isnt this kinda wierd. how come i have approval from 1st dec? based on these facts, do you'll think its possible they havent issued an I94? in case they havent, what could this mean? do i continue to work for Company B, since they have applied for my transfer and hence i am in status?

i know this sounds complicated so please ask me for clarifications, but would really appreciate any help!!!
 
Hey

I am also in similar situation , I have also posted the same questions more than once, I dunno wats with these moderators...or gurus around
 
be patient dude - i am sure they have other things to do as well. give it time, and i am sure we will get a reply from someone!

Imp Update

hey guys

just got my approval notice, and it also has an I94 attached with dates from Dec 1, '04 onwards. why would they issue an approval and I94 from 1st Dec when I have filed for a transfer? why would they not have issued one for a more immediate date?
 
Last edited by a moderator:
hey guys!

Please can anyone provide some insight into my situation.

basically to summarize, i left company A on Oct 15th, filed for transfer with company C on Nov 3rd but havent started working with them yet!
Received my approved H1B petition along with I94 today, but the date on that is Dec 1, '04. is this wierd? shoudl i leave the country? or am in still in status coz i am working with Company B, which has filed my H1B and is still in the process.

Thanks a ton, please please please help!!!!
 
10dulkar said:
be patient dude - i am sure they have other things to do as well. give it time, and i am sure we will get a reply from someone!

Imp Update

hey guys

just got my approval notice, and it also has an I94 attached with dates from Dec 1, '04 onwards. why would they issue an approval and I94 from 1st Dec
----- check with lawyer and look at form I-129(start date) and LCA start date, it seems that lawyer/employer asked from December 1, if not then lawyer can get it corrected
when I have filed for a transfer? why would they not have issued one for a more immediate date?
--- seems mistake of lawyer or USCIS, once you check the copy of LCA and copy of I-129 (that is with lawyer) you will know who did the mistake
 
10dulkar said:
hey guys!

Please can anyone provide some insight into my situation.

basically to summarize, i left company A on Oct 15th, filed for transfer with company C on Nov 3rd but havent started working with them yet!
Received my approved H1B petition along with I94 today, but the date on that is Dec 1, '04. is this wierd? shoudl i leave the country? or am in still in status coz i am working with Company B, which has filed my H1B and is still in the process.
--- you need to discuss with the lawyer, it was not advisable to have B and C file the H1 transfer at the same time
Thanks a ton, please please please help!!!!
 
Thanks a ton Ginnu!

another question - if it is indeed the lawyers mistake, what should be my course of action. is it necessary to get this changed, or should i just continue to work for company B till 30th Nov, and then start working for Company C from 1st Dec? or should i have the lawyer contact uscis and have it changed from Dec 1st to Nov 3rd (the day it was applied for)?

once again- i appreciate your insights!
 
10dulkar said:
Thanks a ton Ginnu!

another question - if it is indeed the lawyers mistake, what should be my course of action. is it necessary to get this changed, or should i just continue to work for company B till 30th Nov,
------ if mistake of lawyer he can get it corrected but will delay the case, if you have valid H1 for B then you can work with B till 30 november or till approval notice validity date of B( if B has NOT revoked H1 petition) later you can join C from the validity date
and then start working for Company C from 1st Dec? or should i have the lawyer contact uscis and have it changed from Dec 1st to Nov 3rd (the day it was applied for)?

once again- i appreciate your insights!
 
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