H!B Transfer question

sprint2004

Registered Users (C)
I started working for company X on 1/9/2006 and it had filed for my expedited H1b transfer on 1/5/2006. However, after waiting for two weeks I never heard from the lawyer either with a receipt notice or an approval. And after further research on the matter by my lawyer they found out that the clerk at the processing center had processed my H1B case incorrectly and instead of H1b transfer application they processed it as a new H1B application. Since the quota had been exhausted they had rejected my application. I really don't know who is at fault, but I was more concerned if I was out of status or not. I called up my old company and inquired if they had terminated my H1b with them and they hadn't. However, my new company X had immediately filed for a new expedited H1B transfer and the application got approved with start date of 2/6/2006 to - 12/30/2007.

My questions:
1) My offer letter with company X has a start date of 1/9/2006, but my H1b with company X has a validity date of 2/6/2006 will this cause any problem with my H1B visa stamping or Green card processing?

2) Although I started working with company X on 1/9/2006, but my h1b is from 2/6/2006 does this put me out of status between 1/9 - 2/6 even though my old H1b had not expired.

3) Is there any other way for me to get out of this mess?

Thank you
 
you are not in imminient danger situation now. Keep a first H1 receipt copy from company x along with 2nd h1 approvals always with you.


sprint2004 said:
I started working for company X on 1/9/2006 and it had filed for my expedited H1b transfer on 1/5/2006. However, after waiting for two weeks I never heard from the lawyer either with a receipt notice or an approval. And after further research on the matter by my lawyer they found out that the clerk at the processing center had processed my H1B case incorrectly and instead of H1b transfer application they processed it as a new H1B application. Since the quota had been exhausted they had rejected my application. I really don't know who is at fault, but I was more concerned if I was out of status or not. I called up my old company and inquired if they had terminated my H1b with them and they hadn't. However, my new company X had immediately filed for a new expedited H1B transfer and the application got approved with start date of 2/6/2006 to - 12/30/2007.

My questions:
1) My offer letter with company X has a start date of 1/9/2006, but my H1b with company X has a validity date of 2/6/2006 will this cause any problem with my H1B visa stamping or Green card processing?

2) Although I started working with company X on 1/9/2006, but my h1b is from 2/6/2006 does this put me out of status between 1/9 - 2/6 even though my old H1b had not expired.

3) Is there any other way for me to get out of this mess?

Thank you
 
Top