H1 Transfer - no receipt - Urgent

[rohit1183]

Hi,

My last day with my current employer (A) is 2/15/2013 (Friday). Current I-797 valid till 12/30/2014.

I am supposed to join my new employer (B) from 2/18/2013 (Monday). My new employer has sent the H1 transfer (premium) packet to USCIS on last Friday i.e. on 2/8/2013.

So far I have not received the receipt number. What I was told is there is some backlog in USCIS processing due to recent storm situation.

Here is my question:

1. As the packet was sent to USCIS on 2/8, should I join my new employer on 2/18 even though I do not have the receipt number so far?

2. What would be my status after 2/15 (My last day with current employer) if I do not have the receipt# in hand?

3. If let's say there is a delay of 2-3 days in getting the receipt# and say I get it on 2/20, would I be considered out of status after 2/15?

4. If yes, do I need to go to India for stamping?

5. Would it have any affect on my GC processing which is to be started later this year?

Much appreciate your help.

[metroguy]

Dont worry. Its the H1B filing date that matters. a gap in a week or two is ok provided you filed h1b before your last date of previous employment. If you are on status on the H1B filing date you are ok. It will sometime take a week or two to get ur receipt, but currently it is off season, so you will get it in a day or two. Ask ur new employer attorney to see if you are ok joining them on 2/18.

[wiweq]

I wonder why you resigned from previous company with no receipt for new H1b. I always suggest resigning only after full approval. Now with no receipt you cannot work for new employer. In my view, receipt is the only document that shows USCIS has received you document and because it's under processing you can start working now. 2/15 onwards you if you stop working for old employer, you will be counted out of status. (Wait other comments)

I have seen cases where USCIS has denied the COS/ extension because the beneficiary was 1/2 days late.

[itsmeusa]

Hello Rohit,

Premium Processing H-1B receipt no is generated and sent thru email to the employer / lawyer when they receive the package and cash the check. If they didn't send email, ask your new employer if the check is cashed. If yes, USCIS mentions receipt no on check no.

1. As the packet was sent to USCIS on 2/8, should I join my new employer on 2/18 even though I do not have the receipt number so far? - check the receipt no like I mentioned above. If that's not available, then ask new employer the Fedex / USPS / UPS tracking no thru which premium package was sent. Check if it's been delivered. If yes, you are safe to join employer B.

2. What would be my status after 2/15 (My last day with current employer) if I do not have the receipt# in hand? If you follow the steps I mentioned above, probably you do not need to worry.

3. If let's say there is a delay of 2-3 days in getting the receipt# and say I get it on 2/20, would I be considered out of status after 2/15? No, definitely not. Receipt date on receipt no. is not what matters, but when they received the package in hand is what matters (this is per my experience). I have had too close a call. My H-1B was abt to expire on 4/20 and my lawyer sent regular package thru overnight delivery on 4/19 and they received on 4/20. Receipt was generated after few days. But I knew the stuff I mentioned above, so I was comfortable.

4. If yes, do I need to go to India for stamping? No, do not worry so much.

5. Would it have any affect on my GC processing which is to be started later this year? No, it won't.