Urgent H1B Transfer//Change in start date

[murthy557]

Hello All,

Please help with your valuable suggestions.

Here is my case in steps.

*I was working for Company A(Client) through a Consulting Company B on H1B visa.

*The client wants to hire me as a FTE and applied for H1B transfer with a start date of April 27th.(I signed a offer a letter saying your anticipated start date is April 27th, and client used this letter to apply LCA and other things)

*I got a RFE on the transfer to client and that is unknown as of now will know what is the RFE once we receive it from USCIS.

*The client says i can start working from April 27th with the receipt of transfer even though we got a RFE on the transfer, which i know is ok, but i personally dont want to start until the transfer is fully completed and asked client to postpone my start date to the date H1 Process is fully approved.

Is that ok to do or the client cannot change the start date in the last minute? or will i get in to trouble working for both company A and company B?

Please suggest me what should i do?

[wiweq]

You need to get paid by at least one H1b employer at a time. I would suggest stay with A, until H1b processing with B is done. Tell them you will prefer to start once H1b will be approved. Without H1b approval they should/ can not force you to start working on receipt. Start date on offer or LCA doesn't matter. They even don't need to change the start date.The official start date will be on your H1b - I797, the approval date. Make it PP if needed, if they don’t wish to pay for this, you are allowed to pay for PP.