Must I leave the country during H1-B transfer?

[jsmith_nyc]

Dear all -- I voluntarily resigned from Old Company on August 8 after having just accepted an offer to work for New Company. New Company said they should be able to finish up the transfer by September 15, after which I will be able to start at my new place. I have been in the U.S. since August 8 (when I resigned). Should I leave the country?

If so, how soon must this happen?

My H1-B visa stamp has already expired, though my status is supposed to be valid through February 2014.

I would greatly appreciate anyone's advice.

In retrospect I should have waited instead of resigning so early.

Thanks all!

[redgreenbluee]

please consult a lawyer.

did your new employer file your H1 transfer timely? if that's the case, you can start working with your new employer even if H1 transfer is still pending.

you can also leave the US, wait for H1 transfer approval, apply new visa stamp, and return to US to start working for your new employer. you cannot apply new H visa stamp without H1 approval and you cannot return to US (once you leave) and work without valid H visa.

Originally posted by jsmith_nyc:

Dear all -- I voluntarily resigned from Old Company on August 8 after having just accepted an offer to work for New Company. New Company said they should be able to finish up the transfer by September 15, after which I will be able to start at my new place. I have been in the U.S. since August 8 (when I resigned). Should I leave the country?

If so, how soon must this happen?

My H1-B visa stamp has already expired, though my status is supposed to be valid through February 2014.

I would greatly appreciate anyone's advice.

In retrospect I should have waited instead of resigning so early.

Thanks all!

[Transformer]

Assuming August 8th was your last day with old employer. If that was the case, then you are foolish to resign even before new company applied for transfer. Basically you are out of status right now and could create problems for your transfer.

Talk to an attorney immediately to discuss your options.

[jsmith_nyc]

Thanks, guys, for your quick and helpful response.

New Company hasn't filed yet. So that's not good. I was quite foolish, in retrospect.

Do you know roughly how much a lawyer consultation and related fees would cost, approximately? For example, will it be a few hundred bucks or a few K's?

Do you recommend anyone?

I wonder if it is possible to remain in the U.S. till the receipt of the visa transfer.

Thank you all.

[Attorney_22]

Please use the following link to find an answer to your question regarding consultation fees: http://www.murthy.com/consult.html#tel

[jsmith_nyc]

Hey guys, just for my understanding and out of curiosity, when I left my former employer on August 8, did they also notify the USCIS that I was out of status starting that day?

Or was it their obligation to inform the Department of Labor, which is also supposed to inform the USCIS?

I am trying to understand how exactly the USCIS knows if I am no longer working for my former employer?

What is the risk of not getting the new petition with the new employer approved if I do not leave the country during transfer?

Thanks all.

[jsmith_nyc]

Dear all, does anyone know how exactly the USCIS knows if I am already out of status?

I would think the only way the USCIS knows is when my Old Company notifies the USCIS (which they have NOT).

I am going to leave the country anyway, but wanted to ask for my understanding and for the sake of the folks here, too.

Thanks and look forward to any advice.

Best.