H1-B transfer, start before the start date on i797

[harshvinayshah]

Hi,

I am currently on an H1-B visa with company A (expiring on 06/26/2022). I received the offer letter from a company B who filed my H1 transfer which got approved. My offer letter has a start date from 03/02/2020, while the start date on the new i797 is 03/16/2020. I already resigned from my current company and my last date with them is on 02/19/2020.

1. Can I join on 03/02/2020?

2. If for some reason, I cannot join before 03/16/2020, will the days between 02/19/2020 and 03/16/2020 be counted as unemployed days on my status?

3. Will the no. of unemployed days on my status impact my green card processing in any way?

Awaiting response. Thanks in advance.

[cyberlord]

1. Yes, provided Company B allows you to. Check with their HR department.

[User099]

1. You should join on 3/16.

2. You are good, as you will fall in the 60 days grace period of end of your current employment. 

3. No

[harshvinayshah]

On 2/12/2020 at 12:31 AM, cyberlord said:

1. Yes, provided Company B allows you to. Check with their HR department.

Can you please advise, if I am legally allowed to work for them before 16th? If so, I can try to talk with the HR department. 

[harshvinayshah]

19 hours ago, User099 said:

1. You should join on 3/16.

2. You are good, as you will fall in the 60 days grace period of end of your current employment. 

3. No

1. Is there absolutely no way to join before 3/16? 

[User099]

5 hours ago, harshvinayshah said:

1. Is there absolutely no way to join before 3/16? 

No, you are supposed to start from the day mentioned in your I797. You can check with an attorney to see if there is a way to do it. 

[cyberlord]

12 hours ago, harshvinayshah said:

Can you please advise, if I am legally allowed to work for them before 16th? If so, I can try to talk with the HR department. 

If the new employer is okay to modify your start date, then you shouldn't have any problem. Just talk to the recruiter/hiring manager. They will do the needful.

[harshvinayshah]

14 hours ago, cyberlord said:

If the new employer is okay to modify your start date, then you shouldn't have any problem. Just talk to the recruiter/hiring manager. They will do the needful.

They have already modified the offer letter with a new start date. But, the question is about the start date in i797. Can I legally start with them on 03/02/2019? 

[harshvinayshah]

22 hours ago, User099 said:

No, you are supposed to start from the day mentioned in your I797. You can check with an attorney to see if there is a way to do it. 

Ok, Thanks. My attorney told me there is no way for me to start before 03/16. I wanted a second opinion.

Thanks.