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balajimcat

H1B transfer hurdle - need experts advice

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I am working current Employer A, while i was looking for other opportunities i got two offers from Company X and Y

 

Based on the offers i provided all the required documents to both X and Y and after a week i put down papers with A on Mon, Mar/28/2016

 

Company A agreed for April/8/2016 as last date where as joinng date for Company X is 4/18 and Y is 4/25

 

All the required documents for h1b transfer are submitted to both Company X and Y on 4/4 and started asking for receipt numbers, to my surprise both said they are waiting for 10days that the opportunity to be posted with DOL notice that is ending on 4/15 and then they are filing LCA on 4/18 and they still want me to join on 4/18/2016 to start the work...

 

Now i am concerned about next steps and what hurdles are getting created because of their delays

I have my Visa stamping only till May 21, 2016

 

I need your assistance in this situation to understand what are the preparation i need to be having to face during this h1b transfer.

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You cant join unless they send your H1b papers to USCIS, and they have some proof that USCIS accepted it.

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So technically i should have H-1b transfer receipt number to start the work... ?

If i am getting h-1b approved with consular, do i need to step of USA to India or can step out to Canada and again re-enter works ?

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New H-1B needs to be filed and received by USCIS on or before April 8, 2016. Any amount of time after April 8 will be counted as illegal stay until new H-1B is filed.  You have 60 days to report to new job after H-1bhas been filed.

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@pontevecchio

One is European and other is Canada based, both are not desi, they are Tier 1 Company to OEM's

One more update, X filed on 18th and Y filed on 19th

X said to wait until to hear USCIS decision i.e. another 3 weeks max

Y said to join based on receipt number on 21st April (but i was more likely to opt for X)

 

 

considering not to be with no-status i wanted to join the one who files as early as possible

Now while i join Y as they asked based on receipt number, after 3 weeks if Petition is approved with X and Y both can i still join X ? if No, what to be done to join X

 

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New H-1B needs to be filed and received by USCIS on or before April 8, 2016. Any amount of time after April 8 will be counted as illegal stay until new H-1B is filed.  You have 60 days to report to new job after H-1bhas been filed.

Thats correct, but delay in filing was due to employer, i was offered and asked to join during April 11th 2016 week

but when i asked for receipt number both had same response as waiting for LCA approval

 

Explained same to current employer and they said max they can do is inform / submit papers to USCIS about revoke of h1b later during May/2016 so that h1b transfer is not disturbed, will this work ?

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If joined X on receipt number while Y said to wait until h1b approved

Both are processing H1B transfer at the same time based on previous company petition.

Now after 2weeks when both gets approved am I allowed to join Y while started to work with X on receipt number reference ?

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requested for response

 

Re post #6, you should have NO trouble at all. Worst case return with the visa.

If joined X on receipt number while Y said to wait until h1b approved
Both are processing H1B transfer at the same time based on previous company petition.

Now after 2weeks when both gets approved am I allowed to join Y while started to work with X on receipt number reference ?

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IOne more update, X filed on 18th and Y filed on 19th

X said to wait until to hear USCIS decision i.e. another 3 weeks max

Y said to join based on receipt number on 21st April (but i was more likely to opt for X)

 

You can join X later after approval. 

You should be OK  but   technically you are out of status from April 8 to April 18. Employer A willing to delay/ inform USCIS in May 2016 does not matter as they are still required to report your last working day as April 8. Since employer X filed on April 18 there is 10 day gap.  Delay in filing on employer part is not valid reason as it is your legal status and employer has nothing to lose in such matters.

 This is not to scare you but we need to be well informed about legal procedures and take precaution in future.

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