Urgent: Resigned from prev employer before receiving the H1-B transfer receip number


akku329

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Hi,

I was working with employer A and resigned as of Oct 21, 2011 after signing the offer letter with Employer B. I made a mistake for not waiting till my H1-B is transfered when resigning to employer A. Unknowingly, I resigned from Employer A.

Employer B is yet to file application for my H1-B transfer. Employer B is currently waiting for certified LCA and might take 10-12 days from as of now. Further, they will take couple of days more to file H1-B transfer application. All in all, it might take 15-20 days to have the transfer reciept number.

I am worried if I will be considered out of status during these 15-20 days and can get in to any legal issues? I have the latest paystub till Oct 21, 2011.

Visa and I-94 Exp Date: August 24, 2013

How to handle this situation? Please advice.

Thanks.

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Even mine is more or less the same situation recently. But in my case my employer asked me to resign after filing the transfer and immediately after receiving the receipt number. They filed my LCA on 13th of October and got the approval on 19th of October. on 21st October they filed the transfer and on 24th they received the receipt number and asked me to resign and join them on 25th. As the lawyer said there wont be any harm and if the documents are not fraudulent ones, there wont be any denial and convinced me to join them. I joined them on 25th with a lot of tension and I am not sure if it is common for h1 transfer... I got the transfer the same day I joined the new employer (Just two working days)

* In Ur case U have pay stub till 21st of this month. That is fine I think, though I am not sure. In my case I provided the pay stub which is 15 days old as my employer delays the pay stub by 15 days (while filing my transfer I have pay stub till 30th of September). Hope this info helps.

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