h1b transfer after 2 month gap/lay off

M

mac_addict

New Member
After being unemployed for 2 months, I have found an employer whom I can transfer my h1b. When can I start working for the new employer? The employer's lawyer has advised not to proceed with premium processing with my h1b transfer. Does this mean that I have to wait for 4-6 months before I can start working for them? Or would I be able to start right after the employer files the application for transfer?

Thanks.
 
Per AC21, you can start working once your transfer petition is filed. But in your case, the risk is your transfer within the US may not be approved because of 2 month out of status. If it's denied, you accrue more out of status time.
Even though transfer within the US is denied, you can travel and come back if H1 is approved w/o I94.
 
Results of transfer application

Thanks for the reply, GotPR.

Do you know how long it takes for me to receive the result of the transfer application in California w/o premium processing?
 
It takes around 3 months to get a result of transfer w/o premium. So I suggest you change it to premium, otherwise like other said you could be accumulate more out-of-status days if bad happenned.
elinkk
 
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