status during H1 transfer

D

d_preeti

New Member
Hi, I have a question. I would appreciate any answer.


I am currently employed at company A. I have another offer from company B. I have accepted the offer and my last day at company A is 2nd jan 2009. Company B has started processing the H1 transfer. They say they will be able to file it before or on 31st.

Now, what if:

1. Company B isn't able to file my H1 on or before 31st Jan. Will I be legal in the US? What do I do after Jan 2nd?

2. What is my status if they are able to file H1 transfer? Can I start working for company B as soon as they file it? Can I take 1 week vacation before I start working at company B?

I will really appreciate any answers.

Thank to all in advance.
 
d_preeti said:
Hi, I have a question. I would appreciate any answer.


I am currently employed at company A. I have another offer from company B. I have accepted the offer and my last day at company A is 2nd jan 2009. Company B has started processing the H1 transfer.
They say they will be able to file it before or on 31st.
-------------Let them file H1 Petition so that H1 Petition of employer B reach USCIS before 2nd Jan( So that if A send letter to revoke A petition then employer B petition reach before the A letter to USCIS)
Now, what if:

1. Company B isn't able to file my H1 on or before 31st Jan. Will I be legal in the US? What do I do after Jan 2nd?
-------------Your stay will be legal if you have Valid I-94 but you may be out of status.
2. What is my status if they are able to file H1 transfer?
-------------------------if they file on time then on H1 status.
Can I start working for company B as soon as they file it? Can I take 1 week vacation before I start working at company B?
----------------------You can join B once employer B lawyer gives you evidence that your H1 transfer petition reached USCIS. Best option is to join once you get H1 transfer filing receipt from USCIS.

*************Few days back in some thread I read that new employer told that they will file H1 transfer petition immediately but lawyer delayed it and person was out of status. He went out of US and waited for H1 approval notice then got visa stamp and then entered US again on H1 status.


I will really appreciate any answers.

Thank to all in advance.
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