Some H1 Help

[too_long]

I am asking this question for a friend. I am familiar with this forum and people had bee pretty helpful, so I hope you'd help even though its not a Tx I-485 issue.

So he was employed and got H1-B from company A. In December he got an offer from company B (a staff augmentation company) and they said they would transfer his H1. He sent all his papers to the company lawyer for H1 transfer, and started on Jan 3rd. Today he called the lawyer to follow up, and the lawyer told him he did not apply for H1 transfer because company B never sent him the check. Company B told him it must be a mistake and she would follow up and assured him not to worry.

What are the consequences here? Any suggestions or solutions???
Thanks

 

[moroni]

According to the law, you are allowed to work for company B once you get the Receive notice that the H1B transfer was submitted for company B.
It happened to me that I changed employers, but I started working with the new company once I received the notice (not the approval only the RN)

If the problem was the money, your friend can pay the transfer and then the lawyer can refund the money to your friend.

But I suggest to submit it ASAP.

P.S. This is not a legal advice. Talk to a lawyer for more details.

 

[bbli]

He sent all his papers to the company lawyer for H1 transfer, and started on Jan 3rd. Today he called the lawyer to follow up, and the lawyer told him he did not apply for H1 transfer because company B never sent him the check.

What are the consequences here? Any suggestions or solutions???
Thanks

Well, my spouse had the similar situation. He started joining the new company (XYZ) before an official receipt of H-1 transfer. XYZ company sent the application before he joined, and thought they would get the receipt notice by the time he started. Anyhow, long story short. He started day 1 at XYZ before the receipt. He got his receipt notice few days later, then few months later the H-1 approval notice. Doesn't seems to have any hiccup, no RFE's.

Few months ago when we prepared the paperwork for I-485, our lawyer finds out this thing. He says by law, this is wrong! However, one may still get his/her H-1 approval since the USCIS will not check the actual date you appear at the new company. But, when that person apply for GC and get to I-485 stage. USCIS will check every single day of that person in the US to make sure he/she is in status all the time. So, there might be an RFE's during I-485 stage. Our lawyer says if that happens, we can pay $1000 fine to dismiss this issue. So far, there is no RFE's yet. We still keep our fingers cross though...

My suggestion, apply the H-1 transfer ASAP!

P/S: I wasn't giving any legal advice. This is just what we have experienced, many people have different responses from USCIS.