H1B Transfer - What's the right time? Urgent///

[kpv]

Hi,

My friend was given an offer by an employer and agreed to file for h1 transfer in premium processing. The new employer wants him to join early and mentioned that they would provide the receipt number and my firend should join within 2 weeks after that. Here are my questions:

1. How many days will premium processing generally take after getting the receipt number?

2. How risky is it to resign with the current employer after receiving the receipt number? Does he have to wait for the approval of transfer?

3. In case of any RFE, will the new employer can resolve or re-apply if required, without affecting his legal status?

4. I want to hear from the experts, what is the best time to resign from current employer and join the new employer in this situation.

Appreciate if someone can provide answers as my firend needs to take a decision immediately

[RGunda]

Hey,

You will receive your h1 b approval document within 3 weeks for premium processing (After you get receipt number)

You can transfer to any employer if you have 3 payrolls with the previous h1 b sponsoring company.

Its not risky while moving during your process (after you receive receipt number)

[wiweq]

1. How many days will premium processing generally take after getting the receipt number?

=> USCIS takes max 15 calendar days from the date of receipt to provide you any decision i.e. approval/ RFE if H1b is filed PP

2. How risky is it to resign with the current employer after receiving the receipt number? Does he have to wait for the approval of transfer?

=> I always suggest resigning only AFTER complete H1b approval of new petition. Beneficiary can also pay for PP if needed.

3. In case of any RFE, will the new employer can resolve or re-apply if required, without affecting his legal status?

=> Yes, but if H1b is denied you friend will be counted out of status from the date of resignation form previous employer.

4. I want to hear from the experts, what is the best time to resign from current employer and join the new employer in this situation.

=> The best time is the day of new H1b approval.

I have seen many cases when people have stuck in the situation when they resigned from old employer and having tough time with RFE and rejections with new H1b. To have better life, always leave the current job only AFTER getting complete approval of new H1b petition. Pay for PP if needed. $1200 is nothing to have tension free life.

[lukky]

1) Premium processing takes a total time of max 2 weeks.

2)I would not suggest to resign just after getting the receipt number. To play safe he should get new H1 approved before resigning from current employer

3)same as answer 2. get it approved while still you are with current employer itself. It may take long, but its is best.

4)same as answer 2.

[kpv]

Hi,

Thanks for the responses. But the toughest thing is that, my firend's new employer eants him to join within 2 weeks after providing the reciept number. He also has to serve a 4 week notice to the current employer. The new employer filed for LCA certification and said would apply for H1 in PP probably within a week.

So, my friend wants to know how safe is that to go ahead with the receipt number..

[wiweq]

"So, my friend wants to know how safe is that to go ahead with the receipt number.."

=> As mentioned it NOT SAFE. It's employer's job to keep you calling to work on receipt. It's your job to delay it till approval. You are adult enough to take better decision, you are free to not to go with your employer.

BTW, why doesn’t your friend post here? If s/he cannot take his/her time to post here how s/he can expect a reply?