H1B approval notice shows gap of more than 2 months between expiry and transfer date

gc_321

Registered Users (C)
Hi,
When I changed employer and got my H1B transferred, in the approval notice I see 2 months 17 days gap between expiry of last H1 and the new start date.
Here are the details

My H1B from previous employer was valid between 01/01/2001 to 10/01/2003
I sent papers for H1B transfer and joined new employer on 06/23/2003. My H1B approval notice (applied through new employer) shows

Receipt Date is 06/ 27/2003
Notice Date is 12/17/2003
valid betwen 12/17/2003 to 12/01/2004

Now my worries / questions are ,
1) RD is after my joining date 06/23/2003, is it a problem ? and what can be done to correct this ?
2) the new H1B start date should have been 06/23/2003 ? or 10/01/2003 ? (but it is 12/17/2003)
3) Is it going to cause me any problem for I485 (which I have filed through my new employer) ? or H1/H4 stamping in India (which I am planning to do in India this November)?


My I140 got approved and 7th year H1B extension got approved last month and is valid between 12/01/2004 to 11/30/2005

Appreciate you comments and suggestions to correct this issue.

Thanks,
 
gc_321 said:
Hi,
When I changed employer and got my H1B transferred, in the approval notice I see 2 months 17 days gap between expiry of last H1 and the new start date.
Here are the details

My H1B from previous employer was valid between 01/01/2001 to 10/01/2003
I sent papers for H1B transfer and joined new employer on 06/23/2003. My H1B approval notice (applied through new employer) shows

Receipt Date is 06/ 27/2003
Notice Date is 12/17/2003
valid betwen 12/17/2003 to 12/01/2004

Now my worries / questions are ,
1) RD is after my joining date 06/23/2003, is it a problem ? and what can be done to correct this ?
2) the new H1B start date should have been 06/23/2003 ? or 10/01/2003 ? (but it is 12/17/2003)
3) Is it going to cause me any problem for I485 (which I have filed through my new employer) ? or H1/H4 stamping in India (which I am planning to do in India this November)?


My I140 got approved and 7th year H1B extension got approved last month and is valid between 12/01/2004 to 11/30/2005

Appreciate you comments and suggestions to correct this issue.

Thanks,
------- need info did you get new I-94 attached with H1 transfer approval lower right side???
 
I did get I94 at the bottom of the aproval notice, which shows my name, petitioner as my new employer and validity between 12/17/2003 to 12/01/2004, and I 94 number
 
gc_321 said:
Ginnu, please respond ..Thanks

When I changed employer and got my H1B transferred, in the approval notice I see 2 months 17 days gap between expiry of last H1 and the new start date.
Here are the details

My H1B from previous employer was valid between 01/01/2001 to 10/01/2003
I sent papers for H1B transfer and joined new employer on 06/23/2003.
------- It means your H1 transfer was filed timely
My H1B approval notice (applied through new employer) shows

Receipt Date is 06/ 27/2003
Notice Date is 12/17/2003
Valid between 12/17/2003 to 12/01/2004
--------- I suspect something wrong here did the new company lawyer filed H1 transfer to be effective from 12/17/2003 to 12/01/2004???? You need to check LCA and form I-129 that is with lawyer
Now my worries / questions are ,
1) RD is after my joining date 06/23/2003, is it a problem? and what can be done to correct this ?
-------- It may be problem because you started working on 06/23/2003, and the approval notice shows Valid between 12/17/2003 to 12/01/2004. You need to check with your lawyer

2) The new H1B start date should have been 06/23/2003? or 10/01/2003 ? (but it is 12/17/2003)
------ Check the LCA copy and form I-129 that lawyer filed he may have done mistake and may have asked validity from that date and if that happened then in future USCIS may discover that you worked unauthorized for about 2 months with new employer and need to clear with your lawyer. If it is USCIS mistake then let your lawyer to get the correct dates from USCIS
3) Is it going to cause me any problem for I485 (which I have filed through my new employer) ? or H1/H4 stamping in India (which I am planning to do in India this November)?
------- I don’t know what date you filed I-485, why dont you write all the dates of filing of any petition and employer X or Y

My I140 got approved and 7th year H1B extension got approved last month and is valid between 12/01/2004 to 11/30/2005
I did get I94 at the bottom of the approval notice, which shows my name, petitioner as my new employer and validity between 12/17/2003 to 12/01/2004, and I 94 number
 
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