H1B transfer initiation - United Nations, RealCanadian, Ginnu Please Help

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usha03

Registered Users (C)
I am on H1B with company A until Oct 2nd. I am into my 7th year of H1B which has been approved until April, 2009. I have my I485 filed. I have not left the country since 2002. I would appreciate answers to these questions:

1) Must H1B transfer be initiated by company B before my termination with company A ends?

2) Could the H1B transfer be initiated by company B after my last day with company A?

3) When can I start working for new company after the transfer petition is sent to USCIS? Can I start the next day after sending the petition or should I wait until I receive the receipt from USCIS?
 
usha03 said:
Must H1B transfer be initiated by company B before my termination with company A ends? Could the H1B transfer be initiated by company B after my last day with company A?
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Maybe. If you stop working with A before USCIS receives B's petition you will be technically out of status. USCIS may generally forgive short periods, but they could demand that you return to your home country, get a new visa stamp and return to the US before starting with B. To be safe, I would suggest that B files the petition before you leave A.

When can I start working for new company after the transfer petition is sent to USCIS? Can I start the next day after sending the petition or should I wait until I receive the receipt from USCIS?
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You can start work once USCIS receives the petition, which is sometime after you send it, but before B gets the official receipt notice. I started work when I get a copy of the Fedex receipt.
 
Thank you for the prompt response RealCanadian.

Does the new employer have to attach a new approved LCA with the H1B transfer petition or use a copy of the approved LCA of the old company?
 
usha03 said:
Does the new employer have to attach a new approved LCA with the H1B transfer petition or use a copy of the approved LCA of the old company?
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The LCA is employer- and location-specific, so they need to provide a new one.
 
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