H1B Visa: Renewal & Transfer applied for

T

TimothyCollins

Registered Users (C)
Hi:

I completed my initial 3 years on H1B Visa with Employer A. Now I have joined Employer B who has filed for my H1 renewal and transfer and also filed for H4 Extension for my family (Forms I-129 and I-539). Currently, I have a receipt number (EAC XXXXX XXXXX) for the pending application. During this present period of wait with the receipt number in hand, my I-797 and I-94 have expired. Since the receipt number was generated before the I-797 expired, I am in status but have to eventually wait on the outcome of the pending I-129.

With above context, I would like to ask whether:
1. I could seek alternate employment if a better opportunity comes up with an Employer C?
If I were to be selected during hiring process, how would this employer 'C' be able to hire me in my current situation …………….
a) File for a brand new H1?
b) File for H1 Transfer and Renewal?
c) Or does this employer 'C' need to wait until USCIS has made a decision on my pending I-129?

I am hopeful that somebody would have gone through a similar situation and has some advice to offer.

Thank you
Timothy
 
TimothyCollins said:
Hi:

I completed my initial 3 years on H1B Visa with Employer A.
Now I have joined Employer B who has filed for my H1 renewal and transfer and also filed for H4 Extension for my family (Forms I-129 and I-539).
Currently, I have a receipt number (EAC XXXXX XXXXX) for the pending application. During this present period of wait with the receipt number in hand, my I-797 and I-94 have expired.
------------------Not a problem if H1, H4 extensions were filed BEFORE I-94 expiry date and Transfer papers reached USCIS before I-94 expiry date.
Since the receipt number was generated before the I-797 expired, I am in status but have to eventually wait on the outcome of the pending I-129.

With above context, I would like to ask whether:
1. I could seek alternate employment if a better opportunity comes up with an Employer C?
----------------- Better wait for the H1 transfer approval notice of B

If I were to be selected during hiring process, how would this employer 'C' be able to hire me in my current situation …………….
a) File for a brand new H1?
b) File for H1 Transfer and Renewal?
c) Or does this employer 'C' need to wait until USCIS has made a decision on my pending I-129?

I am hopeful that somebody would have gone through a similar situation and has some advice to offer.

Thank you
Timothy
Click to expand...

-----------------------
 
Hi Ginnu:

Thank you for your advice.

So you are saying to hold off on pursuing a potential new company C until "Better wait for the H1 transfer approval notice of B" - sure I will do that.

With reference to Company B who has filed my H1 Transfer petition:
Its been almost 2 weeks since I received the EAC receipt number but they have not started my payroll and neither have they given me an Offer Letter yet. So does this mean I am not yet their employee?
How long could this employer carry on this delay in starting my payroll even though the EAC receipt number is already there? Can this delay in starting the payroll cause any status issues?

I will be very thankful if you could share some of your thoughts.

Many Thanks
Timothy
 
TimothyCollins said:
Hi Ginnu:

Thank you for your advice.

So you are saying to hold off on pursuing a potential new company C until "Better wait for the H1 transfer approval notice of B"

------------ sure I will do that.

With reference to Company B who has filed my H1 Transfer petition:
Its been almost 2 weeks since I received the EAC receipt number but they have not started my payroll and neither have they given me an Offer Letter yet. So does this mean I am not yet their employee?
----------- you should have cleared that they will start the payroll the day H1 transfer petition reach USCIS. They are supposed to pay you. read AC21 Memo and one can join new employer once the Petition reach USCIS.
How long could this employer carry on this delay in starting my payroll even though the EAC receipt number is already there?
----------------I don't know. You must ask the Employer or you should have cleared before they filed H1 transfer.
Can this delay in starting the payroll cause any status issues?
-------------------Yes, you may not be able to file H1 transfer with any other company if you are not being paid and not having latest 2-3 pay stubs and without pay stub you may go out of status. Is that some Desi company?

I will be very thankful if you could share some of your thoughts.

Many Thanks
Timothy
Click to expand...
Once you join the H1 employer has to pay.
 
Hi Ginnu:

<you should have cleared that they will start the payroll the day H1 transfer petition reach USCIS>
At the time of joining, I was not in a position to force the issue with the employer. So he has taken advantage and is making me wait.

<Yes, you may not be able to file H1 transfer with any other company ....................... Is that some Desi company?>
I am hoping that Company B will begin the payroll this week or by next week. That would mean, by the time the payroll is started, it would be 3 to 4 weeks after getting the EAC receipt number. Is that delay long enough to affect status?
As suggested, in order for me to have at least 2-3 latest paystubs, I will not attempt any transfer discussions with Company C until I have at least 2-3 paystubs from Company B.

Whether Company B is a desi company...........
Not very sure - from the behaviour pattern it could very well be!

Thanks
Timothy
 
TimothyCollins said:
Hi Ginnu:

<you should have cleared that they will start the payroll the day H1 transfer petition reach USCIS>
At the time of joining, I was not in a position to force the issue with the employer. So he has taken advantage and is making me wait.
------------------------ If you did not ask him before joining it is your mistake.
<Yes, you may not be able to file H1 transfer with any other company ....................... Is that some Desi company?>
I am hoping that Company B will begin the payroll this week or by next week.
----------------If they do good for you .
That would mean, by the time the payroll is started, it would be 3 to 4 weeks after getting the EAC receipt number.
-----------------They need to pay from the date you started working with B it does not matter if they pay you after 3 weeks.
Is that delay long enough to affect status?
As suggested, in order for me to have at least 2-3 latest pay stubs, I will not attempt any transfer discussions with Company C until I have at least 2-3 pay stubs from Company B.
------- 2-3 Pay stubs and H1 approval notice of B. FYI at this time USCIS asks lot of documents from company for H1 transfer and can send RFE and most of the companies who have violated H1 rule in Past or kept H1 holders on Bench or Investigated by DOL or somebody in past filed complaint against the company with DOL are facing problems for H1 transfer and getting H1 rejected.
Many H1 holders who want to join new employer ask the new employer to file H1 transfer with premium processing(when they are working with present employer) and once the H1 transfer gets approved in 20-25 days with the Premium processing then only they join the new employer. They don’t take the risk if H1Transfer gets rejected and present employer cancels the H1 by writing to USCIS.


Whether Company B is a desi company...........
Not very sure - from the behaviour pattern it could very well be!
--------------may be some desi is working in HR
Thanks
Timothy
Click to expand...
-----------------
 
You must log in or register to reply here.
Top