H1b Extension/ Transfer - New job (employer B), 140 approved from employer A, H1B approved from employer A


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lca applied on OCt 21st

lca approved on Nov 1st. (certified copy received by lawyer)

lca sent to employer Nov 4th

filed h1b petition with Uscis on Nov 8th.

 

i called my attorney yesterday and they promised to check for reciept number and also the check clearance today. hopefully i will have a recipet number by end of tomorrow.

 

My RFE is having to many questions about my employer business validity and then wit education as it doesnt match with LCA. (i am certainly not sure how this guy screwed up my petition so badly. once i receive approval from new employer, i will tell my current employer that i intend to leave the country and will join him only based on approval.)

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Okay, my LCA was applied on 11/6, got certified on 11/14, i have sent the lawyers my wife's H4 signed documents now, which they will include in the H1b and H4 premium processing petitions. 

The lawyer has also sent documents to my new employer for signatures, so hoping they can file the H-petitions to USCIS by early next week/ Monday or Tuesday, then I will put my papers down.. dont know if I shoudl wait for a receipt number or just wait for the H-applications to go out to USCIS before I put my resignation.

 

The immigration team is telling me that I can put my papers down now after LCA certified but I have read in my research that I should only put papers down once H1B is applied to USCIS or safer if receipt number is available.. any thoughts? 

 

Good luck with your RFE! .. i am sure things will work out for you. !

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Thanks Venki, the only problem is that if I join the new employer with a gap (since I have to move from my current city to the new city), there is a gap of around 4 days.

December 2nd being my last date with the current company and december 9th is the 1st joining/start date with the new company. 

 

Is this acceptable if I am not working for 4 days between December 3rd - 6th? 

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hey Aru_unique,

 

i received an approval courtesy email from USCIS today. file don Nov 8th, recipet date nov 12th adn approval date nov 26h CSC center.

 

From what i read from other posts, a small gap in employement should not affect you. because, you will need to even relocate between jobs and that would be considered okay.

 

I have a question about the courtesy email from USCIS, if the email has an I 94 number in it does this mean that the approval came through with an i 94 attached?

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Oh nice, thats great news for you, Venki! Congratulations and happy for u. 

My H1b transfer is still in-process in PP but I have put my notice down and also planning the move next week etc. 

 

When i received email notifications from USCIS for H-approvals on my prior employer, I did not receive any I-94 details in the email, it was just a notification that the approval has come through.

Once I received the actual copy of the H1 approval receipt from my prior employer, that approval did have the I-94 attached in it. Dont know if this answers your question. 

 

Good luck! 

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