H1B Transfer: Joining after FedEx Delivery Confirmation

[CodeMad]

Hi,

I on H1B visa (Original one's I-94 expired on May 11, 2013 & my current company (Company A) got that extended for 3 more years (both me and my dependent) and the extension is approved).

My questions

1. Would I-94 number be the same as the earlier one for both of us?

2. I got an offer from Company B, who is urging me to quit Company A, soon after they get FedEx delivery receipt to USCIS

Is that legal & safe? (Company B's HR representative says, USCIS is bound to assign a receipt number for all petition they receive)

Would it be safe to get the H1B transfer done in premium and join them after Approval?

Please throw some light.

[rohang]

1) Yes, number should be same.

2) Not safe, optimal will be to wait till approval comes. Ask that HR, what if application gets denied?

[CodeMad]

Thanks Rohang for the reply.

In general, what could be the probability of H1B denial? Does that happen usually?

[JoeF]

2. I got an offer from Company B, who is urging me to quit Company A, soon after they get FedEx delivery receipt to USCIS

Is that legal & safe? (Company B's HR representative says, USCIS is bound to assign a receipt number for all petition they receive)

The rule is that the company has to have received the receipt notice from USCIS.

Also, there could of course be a denial, so there is some risk involved.

If the company wants you soon, they should file the H1 with premium processing. That's means 15 days for processing.

[rohang]

Thanks Rohang for the reply.

In general, what could be the probability of H1B denial? Does that happen usually?

It depends on case papers. Denials during transfer has low probability, but low doesn't mean 0%.

[CodeMad]

Thanks JoeF and rohang again for the replies.

Alright! Here is the company's stand.

1. They said, they don't want to do premium due to the fear of getting RFEs. I said getting RFE is normal and nothing to be worried. Submit the documents asked and things will be clear. They replied saying, we are seeing more RFEs for premium so it can't be done and our attorney's also not advising it.

Please share your views on this point

2. Is it against the law to make someone work for an organization before getting receipt notice at least? The reason why I'm asking this is: If they really force me to join them at the earliest, do I have the luxury to tell them to wait until receipt notice arrives as its against law to make me work before that?

[JoeF]

Thanks JoeF and rohang again for the replies.

Alright! Here is the company's stand.

1. They said, they don't want to do premium due to the fear of getting RFEs. I said getting RFE is normal and nothing to be worried. Submit the documents asked and things will be clear. They replied saying, we are seeing more RFEs for premium so it can't be done and our attorney's also not advising it.

Please share your views on this point

If they fear getting RFEs (and apparently thinking that they may not be able to answer them), then you really should wait for the approval.

[CodeMad]

I would also like to quote one thing here: The company who is ready to do H1B transfer and telling me to join soon after FedEx delivery notice is one of the fastest growing IT companies in the United States with close to 4000+ people working here and 10000 worldwide; with $500M revenue.

So due to these facts, I believe nothing will go wrong with such a reputed and huge organization even when I join them before getting receipt notice. Please throw your views.

[rohang]

1) I think they are trying to save money, but it's thr money.

2) no one can force you. Wait atleast till you get receipt number.