Am I out of status?

[bj747400]

Has anyone had similar experience?

So my current employment was over this Mon June3 but I had a job offer and certified LCA earlier from another firm who fedex'd my H-1B transfer (premium processing) application to USCIS the following day Tues Jun4, recd by USCIS yesterday Jun5 (fedex delivery conf). Please advise on the below:

1) Am I out of status for one day per USCIS (tuesday)?

2) Can I begin employment with the new firm once I receive my receipt number?

3) Would this create any negative implications on my green card application as I haven't started it yet.

Many thanks for reading!

[omshiv]

I guess you are worrying too much..it should not be a problem...you should be able to work as soon as you receive the Receipt no...there wont be any impact on your GC too...max what can happen is you'll might get a 797B and for that you'll have to leave the country to get a new stamping before your previous one expires.

[bj747400]

Thanks Omshiv, if I recv 797B, I think I can file a new form I-129 to seek to extend my status based on the original petition, right?

If yes, do I still need to leave US in order to get a new stamp? Comments?

[designflaw]

You are fine.

[Avijit2003.2003]

Hi please advise me i m in the similar situation :

I was working for h1b visa for company A .I got an offer from company B and as soon as the receipt notice came i start working for company B. H1b transfer get denied for end client letter . I stop working for company B and asked my previous company A that will you take me back? Company A said join no problem and I start working without notifying USCIS as i had the I-94 valid for company A for 2013. Now qs is that is there any issue can be occur for h1b extension for company A for another 3 years? As we know We can be H1b for 6 year total.

I appreciate your reply and advice.

Thanks

[bj747400]

Thanks guys, my transfer got approved this morning with a new I-94