H1b transfer filed late - URGENT HELP

[jonb83]

Hi all,

I need an urgent advice. on April 4th I started a new job in a good size company (200+ employers). 2 week before starting the job, I had sent the company all the information required to transfer the visa (paystubs, etc etc) and they confirmed that everything was fine.
Last week (Apr 27th) I have been asked by the Payroll company to provide copy of the I-797 to attach to the I-9. I contacted the company's immigration lawyer and he stated that they filed the transfer on Apr, 26th (3 weeks after i started working for them) and he should have the receipt shortly. This caught me off guard because I was sure they already filed the application before I started working for them. I am really concerned now as I believe I am out of status (or I have been for 3 weeks).
Should I be worried? what's your take on this?
Any help would be greatly appreciated.

Thanks.

 

[ginnu]

Hi all,

I need an urgent advice. on April 4th I started a new job in a good size company (200+ employers). 2 week before starting the job, I had sent the company all the information required to transfer the visa (paystubs, etc etc) and they confirmed that everything was fine.
Last week (Apr 27th) I have been asked by the Payroll company to provide copy of the I-797 to attach to the I-9. I contacted the company's immigration lawyer and he stated that they filed the transfer on Apr, 26th (3 weeks after i started working for them) and he should have the receipt shortly. This caught me off guard because I was sure they already filed the application before I started working for them. I am really concerned now as I believe I am out of status (or I have been for 3 weeks).
Should I be worried? what's your take on this?
Any help would be greatly appreciated.

Thanks.

You were supposed to join new employer AFTER they got H1 transfer filing receipt from USCIS. FYI at this time the best policy is to join only AFTER H1 transfer gets approved. At this time USCIS is rejecting many H1 extensions or H1 transfer petitions. You did a mistake to join new employer without getting H1 transfer filing receipt. Company/lawyer was supposed to provide you the H1 filing transfer receipt.
Now if the company that process Payroll for your company ask the H1 filing receipt then they are correct. Talk to your company HR and sort the Problem.
**don't take the payment at this time and later when you get the H1 filing reciept then get the payment from that date and for the work done in past before H1 filing date or USCIS getting your H1 petition the employer can adjust your wages in future payment.