H1B transfer approved but joining date late

[anjpat]

Hi,

I am currently with consultancy A which works on projects basis but they have no projects for me. I got a full time offer from company B. They applied for my H1B in premium processing which is now approved from 21st Oct however the joining date is 18th Nov as I am yet to receive my SSN.

1. My question is, can I now resign from company A on 21st Oct and join company B from 18th Nov? Would that be considered as out of status?

2. Also, company A employer won't pay me as he was not able to find any project for me. Would that create any problem for me in the future? I will start getting paid from the month of Nov in my full time job.

Please try to clarify my doubts.

Many Thanks!

[jairichi]

Hi,

I am currently with consultancy A which works on projects basis but they have no projects for me. I got a full time offer from company B. They applied for my H1B in premium processing which is now approved from 21st Oct however the joining date is 18th Nov as I am yet to receive my SSN.

1. My question is, can I now resign from company A on 21st Oct and join company B from 18th Nov? Would that be considered as out of status?

2. Also, company A employer won't pay me as he was not able to find any project for me. Would that create any problem for me in the future? I will start getting paid from the month of Nov in my full time job.

Please try to clarify my doubts.

Many Thanks!

1. If you do resign you will be out of status.

2. Absolutely, it will create problem. You need to be paid whether project is available or not. You need to file a complaint with DOL against your current employer, if you prefer not to have trouble later like GC process.