H1-B Visa Transfer question

[mottai]

Here is the scenario.

My wife has a valid H1-B from Company A(a desi consulting firm). She has been contracting for Company B for the past 8 months. Company B recently offered her a full-time position and applied for a H-1B transfer in the end of July on premium processing. The H1-B visa was approved within 3 days or so. The I-129(which has the new I-94 card) has the valid visa date from 8/16/2004 to 8/15/2007. So, we thought she can start working from August 16. We were planning to inform the desi consulting firm on August 15 about the new position.

The Company B's HR has added her to their payroll on August 1st. We tried telling the Company B's HR that she can only start working from August 16. The Company B's HR insists that she has talked to the lawyers and they had told her that she can start working on the day H1-B was applied and the date on the application does not matter.

I called up the INS Customer Service center and they are telling that the date on the I-129 does not matter and she can start working even without the H-1B receipt.

Can someone please clarify this...? My understanding is that she can start working for company B only from August 16.

Thanks
Mottai

 

[kutti80]

Here is the scenario.

My wife has a valid H1-B from Company A(a desi consulting firm). She has been contracting for Company B for the past 8 months. Company B recently offered her a full-time position and applied for a H-1B transfer in the end of July on premium processing. The H1-B visa was approved within 3 days or so. The I-129(which has the new I-94 card) has the valid visa date from 8/16/2004 to 8/15/2007. So, we thought she can start working from August 16. We were planning to inform the desi consulting firm on August 15 about the new position.

The Company B's HR has added her to their payroll on August 1st. We tried telling the Company B's HR that she can only start working from August 16. The Company B's HR insists that she has talked to the lawyers and they had told her that she can start working on the day H1-B was applied and the date on the application does not matter.

I called up the INS Customer Service center and they are telling that the date on the I-129 does not matter and she can start working even without the H-1B receipt.

Can someone please clarify this...? My understanding is that she can start working for company B only from August 16.

Thanks
Mottai

No, once you have the receipt notice you can start. You can start before Aug 16th since you filed at the end of July. You can be on the payroll from Aug 1st. Hope this helps. Lawyers are correct.

good luck

 

[mottai]

No, once you have the receipt notice you can start. You can start before Aug 16th since you filed at the end of July. You can be on the payroll from Aug 1st. Hope this helps. Lawyers are correct.

good luck

I don't think so cause the H1B transfer was sent to INS on July 31st. The H1B receipt was received on Aug 2 and the Approval notice came on Aug 6. I went through the H1-B documents. The I-129 form(on Page 2) has the intended dates of employment from Aug 16, 2004 to Aug 15, 2007.

Since the I-129 and I-797 form both state that her dates of employment are from Aug 16, 2004 to Aug 15, 2007, I don't think she can work now.

Experts please answer the question.

Thanks for ur reply kutti80.

Cheers
Mottai

 

[ginnu]

Here is the scenario.

My wife has a valid H1-B from Company A(a desi consulting firm). She has been contracting for Company B for the past 8 months. Company B recently offered her a full-time position and applied for a H-1B transfer in the end of July on premium processing. The H1-B visa was approved within 3 days or so. The I-129(which has the new I-94 card) has the valid visa date from 8/16/2004 to 8/15/2007. So, we thought she can start working from August 16. We were planning to inform the desi consulting firm on August 15 about the new position.

The Company B's HR has added her to their payroll on August 1st. We tried telling the Company B's HR that she can only start working from August 16. The Company B's HR insists that she has talked to the lawyers and they had told her that she can start working on the day H1-B was applied and the date on the application does not matter.

I called up the INS Customer Service center and they are telling that the date on the I-129 does not matter and she can start working even without the H-1B receipt.

Can someone please clarify this...? My understanding is that she can start working for company B only from August 16.

Thanks
Mottai

---- your lawyer and kutti80 are correct