H-1 B Transfer tension.....Someone Please Help.................................!

S

sameirbab

Registered Users (C)
Dear friends

I have a tricky situation here. I resigned my previous H-1 job on the 4th July and came down to my new job in Maryland only to realize my new employer still didnt get the receipt for my transfer H-1 petition. They have Fedex receipt showing the BCIS received H-1 petition on the 3rd July. It is 17th July and BCIS still didnt cash the check, that is there is no BCIS receipt (Notice of action) yet. Therefore, I didnt start my new job yet. Technically, I am out of job from July the 4th and the clock is ticking. Another problem I see is they requested a H-1 start date of July 15. So technically I am not employed by anyone from July 4- July 15 (actually 5 days if you minus the weekend).

Am I out of status now ? WIll this be a problem later, Is there any damage control I can do?
I am really anxious and tensed.

Thanks once again for your continued help.
 
being out of status for 11 days is not a serious issue. But it is going to haunt you forever. Right now this is out of your control. So start working and record these 11 days for moving and setting up new home kind of work.

Always get the fedex receipt and application packet copy before quitting current company even if it is independence day.
 
Dear friends

I have a tricky situation here. I resigned my previous H-1 job on the 4th July and came down to my new job in Maryland only to realize my new employer still didn’t get the receipt for my transfer H-1 petition. They have FedEx receipt showing the BCIS received H-1 petition on the 3rd July.
--- It is OK if according to FedEx tracking your application was received on 3rd July
It is 17th July and BCIS still didn’t cash the check, that is there is no BCIS receipt (Notice of action) yet.
--- They sometime take time to cash checks, do you remember that 4,5,6 July it was closed and many took vacations on Monday 7th July? You will get your receipt date of 3rd July, mail assembly unit stamp the date the mail is received, and due to large mail on Monday Tuesday piled up from 4-5 days that is the reason for delay in receipt
Therefore, I didn’t start my new job yet. Technically, I am out of job from July the 4th and the clock is ticking. Another problem I see is they requested a H-1 start date of July 15. So technically I am not employed by anyone from July 4- July 15 (actually 5 days if you minus the weekend).
-- Not a big problem, did they file for H1 transfer or New H1?
Am I out of status now ? WIll this be a problem later, Is there any damage control I can do?
--- jaxen has replied to your question
I am really anxious and tensed.
--- Relax, not a big problem

If you don’t mind where did you move in Maryland? where are you in MD?
Good Luck!!
 
H1 Transfer

Hi all,

I have a similar problem.

I left company A and joined company B. When I joined I was informed that they have filed for my H1 transfer. But later on I came to know that only the LCA has been filed and approved.

The filing of the LCA was through fax.

They had filed I-129 but it was rejected on the basis that they had selected some wrong option on the form.

This was being done by the HR and not the company lawyer. That HR person knew very little about H1 transfer. He even filed the H1 transfer I-129 form by normal USPS and not fedex or UPS.

I spoke to a lawyer and he says that I need to go back to company A and get paystubs for atleast 3-4 pay periods. Then I will be able to file the H1 transfer.

My 6-year limit on my H1 is also coming near. It expires in February 2004. My labor certification for the green card was filed from company A on May 2002. The company A is actually owned by my friend.

Questions:
1. What do I do now for the H1 transfer?
2. If I go back to company A, I will be waiting for atleast 3-4 pay periods so that my papers are in order for the H1 transfer. Should I do the H1 transfer first or should I file for the 7th year extension of my H1?

Any help will be greatly appreciated.

Thanks
 
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