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boomjosh2007

H1 Transfer to employer B after resigning from employer A

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Hi,

I resigned from employer A and Jan 6th 2012 was my last day wtih employer A. On the same day I got interviewed for at employer B for a futlltime positon and got selected with them. They rolled out the offer Jan 11th and started premium H1 tranfer process. The company's lawyer filed for LCA today Jan 17th. My last pay check with employer A is for Jan 6th 2012.

Given this situation I have following questions:

01. How long does it takes to get the LCA approved?

02. When can H1B be filed after the LCA approval is received?

03. When can I can legally start working? After H1b is filed or when I get the decision.

04. Will I face any issues in the transfer process because I have already resigned on Jan 6th and the last paychek I have is only till that date,

Answers for these questions will be much appreciated.

Thanks

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You are out of status since 01/06.

1. 5-7 days

2. Depends on the employer and attorney doing the paperwork, but shoudn't take more than 2-3 days.

3. Since you are out of status, you CANNOT legally work untill you receive Decision. If your H1 was filed before termination of employment with employer A, you would have been able to start with B upon receipt of the Notice using AC-21 BUT not with your scenario.

4. Yes, if employer A has revoked your H1 B petition, then USCIS will either ask you to prove that you were in legal status starting 01/06 till date and/or approve H1B petition and DENY extension of stay. In that case your petition will be approved thru Consular Processsing and you will have to go out of the country, get visa stamped and re-enter....

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Hi Chitown01,

Thanks for answering my questions.

Employer A will revoke the H1b petition but I heard it takes upto 30 days for USCIS to actually revoke the petition having said that will it still be a issue if emloyer B is doing premium H1 processing?

You are out of status since 01/06.

1. 5-7 days

2. Depends on the employer and attorney doing the paperwork, but shoudn't take more than 2-3 days.

3. Since you are out of status, you CANNOT legally work untill you receive Decision. If your H1 was filed before termination of employment with employer A, you would have been able to start with B upon receipt of the Notice using AC-21 BUT not with your scenario.

4. Yes, if employer A has revoked your H1 B petition, then USCIS will either ask you to prove that you were in legal status starting 01/06 till date and/or approve H1B petition and DENY extension of stay. In that case your petition will be approved thru Consular Processsing and you will have to go out of the country, get visa stamped and re-enter....

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There is No certitude that it take USCIS 30 days to revoke... It totally depends....

You always have to consider the worst case scenario and move forward....

It is a good thing that employer B is filing thru Premium Processing, if USCIS has question regarding your status (pay stubs) they will issue an RFE.

Good Luck !!

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Thanks for replying.

What if my my H1b is not revoked by the time my H1 transfer application reaches USCIS? In that case will I still be denied EOS or I might be lucky and get EOS.

There is No certitude that it take USCIS 30 days to revoke... It totally depends....

You always have to consider the worst case scenario and move forward....

It is a good thing that employer B is filing thru Premium Processing, if USCIS has question regarding your status (pay stubs) they will issue an RFE.

Good Luck !!

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hi Boomjosh

even though technically what chitown has said is correct, usually in your case I see an approval

Normally previous employers do not apply for withdrawl. reason is that if they do, and you still have time remaining on h1b, they have to pay for your ticket back to your home country. They dont get anything out of the paperwork with USCIS also and hence they avoid it many a times. Depends on whether they really did revoke it or not. Most will say yes if you ask because legally they have to say yes, but might not do it actually

Since your new H1b was applied in premium within almost same week of last pay stub...99% you will get no issues if all other parts of your case and petition are strong...for e.g. good credentials (higher education in US to qualify as professional or specialty occupation), strong petition from employer etc. showing good relation between education and your job and also their own financial statements being strong etc.

Good luck with your case!

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HI Fluid / ChitOwn

I got my LCA certified this week and the lawyer will apply for transfer by end of this week. How fair are the chances that I will get extension of status? I am worried about going back to India for stamping.

Please let me know your thoughts.

Thanks

hi Boomjosh

even though technically what chitown has said is correct, usually in your case I see an approval

Normally previous employers do not apply for withdrawl. reason is that if they do, and you still have time remaining on h1b, they have to pay for your ticket back to your home country. They dont get anything out of the paperwork with USCIS also and hence they avoid it many a times. Depends on whether they really did revoke it or not. Most will say yes if you ask because legally they have to say yes, but might not do it actually

Since your new H1b was applied in premium within almost same week of last pay stub...99% you will get no issues if all other parts of your case and petition are strong...for e.g. good credentials (higher education in US to qualify as professional or specialty occupation), strong petition from employer etc. showing good relation between education and your job and also their own financial statements being strong etc.

Good luck with your case!

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A. Submit all your paystubs, if you previous employer has not yet revoked the petition you might get lucky...

But Chances are they might ask for further paystubs, so just be prepared....

There is No guarantee that they will overlook missing paystubs but it all depends.

Good Luck !!

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My situation like similar here, I am still working with emp A and got offer from another emp B. But, emp A applied for H1 extention under PP and today got RFE.

With Emp B, I just got selected and they starting for H1 process. My current I-94 will experiring on Feb 4th.

I know, the new EMP B should apply LCA and then file H1B for transfer. It may be happen after Feb 4th. What will be the complication in this matters. Emp B offer and company is excellent.

I don't know yet what is RFE came from USCIS for emp A.

Please advise me, what are the step I need to take in the safe move to emp B. How much I am safe here.

Thanks

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Company B can surely apply for your h1

Your petition of extension was submitted to uscis before i-94 expiry so you are good.

When B applies for h1, they should use the most recent receipt number from A i.e the one with rfe.

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Awesome asnwer, but still I am little bit worrying... since I told my current I-94 will expire end of next week, the new employer start process, like getting LCA and file H1B before end of next week is fine. I will be with current employer till justing joining into new company and I can provide all paystubs upto date.

My question is, if H1 transfer filed after my I-94 and still work with current during my extention (there is 240 days rule), is that Okay ?

Thank you for answering this :)

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You should continue working with your current employer since extension petition is filed thru him in timely fashion and i believe that the 240 day rule is correct as well.

I'm not sure if you can do AC-21 portability on receipt because your I-94 will have been expired by then. Check with the Attorney before you decide to start working with employer B.

In the mean while if employer B get approval thru Premium you are free to join him, i wont advise join employer B on receipt..

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Dear Chitown01:

All problems are solved. My extention with Emp A is APPROVED today and got 3 years extention. Now, I can easily join with Emp B.

I believe in God and he is very great !!!!!!!!!!!

Thank you for responses and I really appreciate for your in-depth knowledge immigration side

God Bless you

Thanks

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Hi Chitown01,

My case is also very similar to that of Usa2007. Currently, I am with Company1 and my current Visa/I94 with expires on Feb 9. Company1 has applied for my extension and I have received the Petition Receipt.

I got an offer from Company2 and they have filed the LCA today (Jan 30). They have all the required docs and so they will apply for the H1B on premium the day LCA is approved.

If all goes well, do you think the LCA can get approved and H1 applied before I94 expires i.e. Feb 9?

If LCA gets approved a bit late, can Company2 still apply for my H1 using the extension petition receipt by Company1? You have mentioned this in one of the above post. If you can please confirm again? Really appreciate your help.

Hi Usa2007,

Can you please share the time line of when your transfer process started and when it got approved?

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Hello NorthCarolina,

How has company 1 applied for your extension? Regular ? Premium?

LCA approval for company 2 will take anywhere between 5-7 business days for approval, then your attorney will prepare the petition for submittal to USCIS. Which might take additional 2-3 days and by the time your application is PHYSICALLY received by USCIS, it may take 2-3 more days....

Company 2 has to include your Most Recent Receipt Number on I-129 form, but you need to wait till you receive approval before you can start... Ideally, once you receive approval for Company 1 then approval for company 2 will follow because your I-94 has already expired, by the time your petition has reached USCIS

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Thank you Chitown01.

Company 1 applied for the extension as Regular. So, I guess approval is going to take 2-3months at the least.

Company 2 has filed for the LCA on Jan30. I have urged them to get the H1 petition ready so that they can immediately file when LCA gets approved. If it happens before the I94 gets expired (hopefully), do they still have to file using the latest Receipt No?

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Regular might take anywhere between 2-4 months... from what i have seen on the forums it is close to 4+ months.

on I-129 form there is field for most recent receipt number, i think you need that.....Confirm with attorney once again...

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Hi Chit and Fluid,

Thanks for your inputs.

I got H1 approved under premium processing in under 3 days from USCIS receiving the documents. I joined my new employer starting today.

Thanks

A. Submit all your paystubs, if you previous employer has not yet revoked the petition you might get lucky...

But Chances are they might ask for further paystubs, so just be prepared....

There is No guarantee that they will overlook missing paystubs but it all depends.

Good Luck !!

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On the same topic (i believe).

Is that true that, after switching the job to another state, it is legal to apply for LCA within 30 days? Or we should have LCA approved before joining the other state job? Please clarify.

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I am under similar situation as posted by boomjosh2007. Since I have also resigned.

My last date of work at employer A is today (Oct 26th 2012) , and the last pay stub that I will get is on Oct 31st. Now employer B has collected all information from me for H1b Petition and are working on my documentation. They said they have to file my LCA and its not guaranteed that they will file my H1b petition before Oct 31st.

Also my joining at employer B is on nov second week and they are doing premium processing on my H1B petition.

Although I have asked them to expedite the process. I wanted to know

- How long does it take for LCA approval?

- Employer A will pay out my remaining PTOs , will that be considered in extending my H1b status?

- Is there any problem you forsee which will affect my H1B approval. I would be able to produce the latest paystub of Oct 31st, hoping that gives me some time.

I am in a big predicament here.

Regards,

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On 10/26/2012 at 1:22 PM, herat007 said:

I am under similar situation as posted by boomjosh2007. Since I have also resigned.

My last date of work at employer A is today (Oct 26th 2012) , and the last pay stub that I will get is on Oct 31st. Now employer B has collected all information from me for H1b Petition and are working on my documentation. They said they have to file my LCA and its not guaranteed that they will file my H1b petition before Oct 31st.

Also my joining at employer B is on nov second week and they are doing premium processing on my H1B petition.

Although I have asked them to expedite the process. I wanted to know

- How long does it take for LCA approval?

- Employer A will pay out my remaining PTOs , will that be considered in extending my H1b status?

- Is there any problem you forsee which will affect my H1B approval. I would be able to produce the latest paystub of Oct 31st, hoping that gives me some time.

I am in a big predicament here.

Regards,

 

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