Start Date during H1 Transfer.....

K

krimas

Registered Users (C)
Hi:

My friend filed for an H1 transfer with a staffing company on JUNE 19.

The company asked him to start on the project the same day, on the basis that they had a FedEx reciept proving they had sent the HI transfer papers to the INS.

When the company later sent across the INS Receipt to my friend, the Notice Date on the receipt was JULY 18.

So -

- was the staffing company correct when they told my friend that he could start the project on the basis of having sent across the papers to the INS? , or
- was my friend technically working illegally from June 19 - July 18?
- if so, how does the INS view this, given that it was really the employer's fault? if INS finds out, what kind of action can my friend expect, and how can he defend himself?

Thanks in advance!
 
What was the receipt date... Receipt date is the operative date.

Generally the receipt date is few days after mailed date. BCIS does not take this seriously... so far.
 
Jaxen:

Thank you for the reply.

On the INS Reciept, the "Received Date" is July 17, and the "Notice Date" is
July 18. Is this "Received Date" on the Notice of Action the same as the "FedEX receipt date"?

My friend asked his employer for the FedEx receipt , and was told the lawyer "probably did not retain that reciept, or has lost it".

So, if in future, my friend shows INS the paystub before July 17, it is not in itself illegal, because he could have been legally working before the "Notice Date" of July 18 - is that correct?

Thank you very much again!
 
Receipt date of July 17th means the petition was received by BCIS on ar before July 17th. If the paystub dates are a few days before July 17th then it might not be a problem.
Otherwise, try to fix the start date and paystubs..
 
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