Working but H1B transfer petition has not been filed yet

[nxm]

Hello,
I just joined a new company and started working. I am also getting paid as promised in the offer letter. But the company has not filed the H1B transfer petition yet with USCIS.

I was told that the petition would be filed the same day I joined the company but it has not. I am told there is a 10 days time to file the petition after the employee joins the company but I think it must be filed with USCIS before an employee can start work.

Am I out of status? I do not know what USCIS will say or do when they find out or if they find out that my company did not file the transfer petition on time and paying me as promised on time.

Is it my fault that the company did not file the petition on time? Who is to blame here and who faces the consequences?

Please let me know as this is really driving my nuts.

Thanks a lot and appreciate your advise.
Nouman

 

[ginnu]

Hello,
I just joined a new company and started working. I am also getting paid as promised in the offer letter. But the company has not filed the H1B transfer petition yet with USCIS.
-------------------------------- If H1 Transfer petition is not reached USCIS then your work with this employer is unauthorized .
I was told that the petition would be filed the same day I joined the company but it has not.
I am told there is a 10 days time to file the petition after the employee joins the company
------------------------not true
but I think it must be filed with USCIS before an employee can start work.
---------------YES
Am I out of status? I do not know what USCIS will say or do when they find out or if they find out that my company did not file the transfer petition on time and paying me as promised on time.

Is it my fault that the company did not file the petition on time?
--------------It is your mistake as you joined new company without new company filing H1 petition with USCIS. You should have joined after you were provided H1 transfer filing receipt from new employer or lawyer.

Who is to blame here and who faces the consequences?
----------------------------YOU
Please let me know as this is really driving my nuts.

Thanks a lot and appreciate your advise.
Nouman

---------------------

 

[nxm]

What would the outcome be?

Thanks Ginnu for the feedback. What do you think the consequences will be? Will USCIS reject the H1B transfer? Will they approve it without I-94? If they reject it can it be appealed?

What is the most likely think that USCIS will do?

Any advise what should I do in this situation?

Thanks,
Nouman

 

[ginnu]

Thanks Ginnu for the feedback.
What do you think the consequences will be?
Will USCIS reject the H1B transfer?
Will they approve it without I-94?

If they reject it can it be appealed?

What is the most likely think that USCIS will do?

Any advise what should I do in this situation?
---------------------- The unauthorized work will create problems for you. You need to take advice from a good lawyer for all your questions.


Thanks,
Nouman

At this time USCIS is very strict with H1. Many are getting big list of RFE or more documents from employers. Those who got H1 approved and go for first time visa stamping the US Consulate are asking lot of documents from employer and try to find out if they had anybody on Bench in past and if employer is consulting company they ask for all the wages paid in past to H1 holders.
Here is latest:
http://www.dol.gov/opa/media/press/esa/esa20081531.htm

http://www.dol.gov/compliance/audience/foreign_workers.htm

http://www.computerworld.com/action...articleId=9118788&taxonomyId=10&intsrc=kc_top

 

[nxm]

Is Premimum Processing recommended?

Once again thanks Ginnu for your feedback.

I am consulting a lawyer who is also going to file the H1B transfer petition. Lets wee waht they say.

Is it a good idea to do Premimum Processing for transfer in this case so I can find out sooner than later what the outcome will be? Perhaps in PP, USCIS might overlook this unauthorized work or pardon it.

Thanks.

 

[ginnu]

Once again thanks Ginnu for your feedback.

I am consulting a lawyer who is also going to file the H1B transfer petition. Lets wee waht they say.

Is it a good idea to do Premimum Processing for transfer in this case so I can find out sooner than later what the outcome will be? Perhaps in PP, USCIS might overlook this unauthorized work or pardon it.

Thanks.

Go for PP. If USCIS approve H1 transfer then go out and enter again by getting new I-94 (that may be the solution for your unauthorized work) ask your lawyer for more info or options for your situation.