H1B transfer to employer B after resigning from employer A

[herat007]

Hi,

I have an offer from employer B and they have started my H1 process , but the problem is my last working day is today that is Friday (Oct 26th 2012) and my last pay stub will be of Oct 31st 2012.

I spoke to employer B's immigration specialist and they said they were not sure whether they can submit the docs by Oct 31st to USCIS. The good part is they are doing premium processing.

My joining at employer B is on second week of november.

They are yet to apply for LCA but I am guess they will apply in the following week.

- How long does it take to approve LCA?

- Will I face any issues in the transfer process because last paystub will be Oct 31st 2012 I have is only till that date,

- They decided to pay me out the PTOs that I have? can they come into consideration with regards to H1B status?

Regards,

Herat

[xatern]

Legally you are out of status for the period from your last day of employment , untill your status gets adjusted. But in your case there wouldnt be any problem.

Here is the generic rule, but again depends on adjucation officer

If you filed h1 transfer within

30 days ------ h1 tranfer would be approved with I 94

30 days to 60 days --- h1 transfer would be approved without I 94.

LCA would take typically one week (5 to 7 working days).H1 transfer would take one week to 2 week (calendar days) one premium processing. Many times it takes just 3 to 5 working days.