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khandoba1986

H1 Transfer immediate help needed

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I am working for Employer A and got a nice offer from employer B ( full time job opportunity). 

Employer B is asking to join on H1 B Receipt.

Employer B joining Date is 18th May 2015. 

 

Scenario  

 

a) Can i take 2 weeks leave from Current Employer A (from 18th May - 29th May) and join Employer B 18th May. i should have the H1 transfer result by 29th may, 

   1.If it gets approved I will give my resignation to Employer A and continue working with employer B. Please consider that I can leave my company without any notice period. So no issue in Resigning after H1 B approval notice. 

   2.In case it doesn't get approved, i will join  back Employer A  on 1st June as if I came back from vacation. 

 

b) My question is are there any legal complications doing this, 

1. Any complication on my payroll. Please note i will not be paid for the 2 weeks leave as i already consumed all my leaves with current Employer.

2. Any complication on W2 at end of year.

2. Any complication on my H1 status by doing this. 

3. Any other complication which i am missing here. 

 

Please help me out. 

 

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Hi Jairichi , 

 

Thanks, 

 

The situation is my new employer is not ready to wait and i tried to convince them but they still seems to be very firm on their decision to ask me join on Receipt. 

 

I have one more question, I also have a offer from Employer C whose H1 visa is already approved and the joining date is 1st June 2015. joining date of employer B ( who is asking to join on receipt) is May 18th - 2015. 

 

So if i join Employer B on May 18th and worst case my visa gets denied with Employer B by end of May. Can i go ahead and join Employer C ( whose visa is already approved). Will this be legal and doing this will i be anytime out of status. ?

 

Really appreciate your answers. 

 

Thanks,

Ajay

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Hi Jairichi , 

 

Thanks, 

 

The situation is my new employer is not ready to wait and i tried to convince them but they still seems to be very firm on their decision to ask me join on Receipt. 

 

I have one more question, I also have a offer from Employer C whose H1 visa is already approved and the joining date is 1st June 2015. joining date of employer B ( who is asking to join on receipt) is May 18th - 2015. 

 

So if i join Employer B on May 18th and worst case my visa gets denied with Employer B by end of May. Can i go ahead and join Employer C ( whose visa is already approved). Will this be legal and doing this will i be anytime out of status. ?

 

Really appreciate your answers. 

 

Thanks,

Ajay

If employer B needs you that urgently then they should be willing to upgrade to PP.

As long as employer C does not revoke H1B petition you can join them if B's petition is denied. On the safer side you need to exit and enter US with a valid H1B visa and C's I797.

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Thanks Jairichi, is it mandatory to leave and enter US with a valid H1B Visa and C's I797, or i can directly join Employer C in US if  transfer with B gets Denied, is it legal to do that ? 

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Thanks Jairichi, is it mandatory to leave and enter US with a valid H1B Visa and C's I797, or i can directly join Employer C in US if  transfer with B gets Denied, is it legal to do that ? 

If C's petition is filed after your I94 expiry date then C's H1B petition will be considered as a bridge petition. In that case if B's petition is denied mostly you will not get an I94 attached to C's I797. So, you would have to exit and enter US with a valid H1B visa and I797. If it comes with an I94 then you are fine.

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Thanks Jairichi, 

 

Actually C's Petition is already approved with I94. Let me put it correctly.

 

a) Working for Employer A.

b) Got offer from Employer B and Employer C in March 2015

c) Employer C - immediately applied for H1 transfer and it got approved With I94  on April 8th 2015.  

d) Joining Date of Employer C is June 8th 2015. 

e) Meanwhile Employer B also started for H1 Transfer, and asking to join based on receipt on May 25th 2015.

 

Question - Now if i join Employer B on March 25th 2015 based on H1 receipt and H1 transfer ( premium) gets denied in 2 weeks, Can i directly go and join Employer C ( whose Visa is already approved in April 2015) . Without going INDIA for stamping. 

 

is it okay to do that. Do you see any legal issues with that.  

 

Really appreciate your help with this. 

 

Thanks.

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Thanks Jairichi, 

 

Actually C's Petition is already approved with I94. Let me put it correctly.

 

a) Working for Employer A.

b) Got offer from Employer B and Employer C in March 2015

c) Employer C - immediately applied for H1 transfer and it got approved With I94  on April 8th 2015.  

d) Joining Date of Employer C is June 8th 2015. 

e) Meanwhile Employer B also started for H1 Transfer, and asking to join based on receipt on May 25th 2015.

 

Question - Now if i join Employer B on March 25th 2015 based on H1 receipt and H1 transfer ( premium) gets denied in 2 weeks, Can i directly go and join Employer C ( whose Visa is already approved in April 2015) . Without going INDIA for stamping. 

 

is it okay to do that. Do you see any legal issues with that.  

 

Really appreciate your help with this. 

 

Thanks.

Sorry I missed the approval of C's petition. Yes, if B's petition is denied you can join C without the need for stamping. Is employer B the company you would like to work for and C is just an option if things do not work out with B?

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Yes Jairichi, Employer B is my preference. 

 

One last question. 

 

If there is a gap in between Employer B transfer Denial and joining Employer C joining date. will I be out of status. 

 

Say Employer B transfer gets denied on 29th May and i am joining Employer C on 8th June, Am i out of stats from 29th May till June 7th.  Will this be a legal issue. Please let me know. 

 

Thanks

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Yes Jairichi, Employer B is my preference. 

 

One last question. 

 

If there is a gap in between Employer B transfer Denial and joining Employer C joining date. will I be out of status. 

 

Say Employer B transfer gets denied on 29th May and i am joining Employer C on 8th June, Am i out of stats from 29th May till June 7th.  Will this be a legal issue. Please let me know. 

 

Thanks

 

A week is fine. No problem.

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Hi Jairichi, 

 

Could you please help with the last question. 

 

Thanks,

You are fine in both cases. Nothing to worry.

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