H1B Transfer URGENT HELP REQUIRED

[sp1976]

Hi,

currently am on H1B in NJ. Accepted new job offer in norther VA on 2nd july.

Starting date is july 22 04.

Concern: VA labor Dept has still not given approval to wage determination even after 1 week of filing.

Since no approval from VA Labor Dept. cannot file to INS for transfer.

NOw my new employer wants me to start on july 22 04. What can i do. please guide me.

my lawyer says start working even though not filed for H1B transfer. Since this is a transfer will not create problem.

If i start will this create any hurdles in my GC based Labor Cert and I-485 etc.

 

[Jim Mills]

Hi,

currently am on H1B in NJ. Accepted new job offer in norther VA on 2nd july.

Starting date is july 22 04.

Concern: VA labor Dept has still not given approval to wage determination even after 1 week of filing.

Since no approval from VA Labor Dept. cannot file to INS for transfer.

NOw my new employer wants me to start on july 22 04. What can i do. please guide me.

my lawyer says start working even though not filed for H1B transfer. Since this is a transfer will not create problem.

If i start will this create any hurdles in my GC based Labor Cert and I-485 etc.

No!

You cannot work until the h-1b is filed. It's possible to get an LCA approved online and you can use a wage survey rather than obtaining the wage determination form SESA. There are disadvantages of proceeding that way but it is certainly a way to go.

 

[sp1976]

Thanks Jim Mills,

so you advice NOT to start new job until i file H1B transfer.

Say i file the transfer papers on monday, July 19 with INS can i still start on july 22. or wait till i get the reciept. Now a days takes approx 10 days to get the reciept also.

Will be filing as Premium processing, i heard they also email your lawyer the status like "Approved" or Denied or RFE etc. this can help me.

can i use this sort of email to say my petition is approved and start wrking on july 22.

Once again thanks Jim Mills.

 

[ginnu]

Thanks Jim Mills,

so you advice NOT to start new job until i file H1B transfer.
-----YES
Say i file the transfer papers on monday, July 19 with INS can i still start on july 22.
or wait till i get the reciept.
---wait till you get reciept
Now a days takes approx 10 days to get the reciept also.
---10-15 days
Will be filing as Premium processing, i heard they also email your lawyer the status like "Approved" or Denied or RFE etc. this can help me.
--- better file premium
can i use this sort of email to say my petition is approved and start wrking on july 22.
------- reciept of filing needed
Once again thanks Jim Mills.