H1B Transfer normal processing, can I resign?

[Rekha432]

Hi Murthy,

I am working in an Indian MNC and am in USA for the past 7 months.Now I am moving to a contracting employer as a consultant. I do not have enough time to apply for h1b transfer, get the decision in premium and then resign. I just have 2 weeks of time to join the new client. LCA will take 1 week. Then if I apply for premium it will take another 2 weeks for a descision. 

In this case even if I apply in premium I will have o quit and join before I get a descision. So I planned to apply for a H1B normal and start working as the rule is I can work with the receipt number. 

1. How much time does it take to get receipt number

2. Is it good to join the new company within one week from the date documents reaching USCIS irrespective of receiving the receipt number?

 

[jairichi]

Hi Murthy,

I am working in an Indian MNC and am in USA for the past 7 months.Now I am moving to a contracting employer as a consultant. I do not have enough time to apply for h1b transfer, get the decision in premium and then resign. I just have 2 weeks of time to join the new client. LCA will take 1 week. Then if I apply for premium it will take another 2 weeks for a descision. 

In this case even if I apply in premium I will have o quit and join before I get a descision. So I planned to apply for a H1B normal and start working as the rule is I can work with the receipt number. 

1. How much time does it take to get receipt number

2. Is it good to join the new company within one week from the date documents reaching USCIS irrespective of receiving the receipt number?

1. Within a week after USCIS receives H1B petition.

2. You absolutely need the receipt number to join new employer.

[imsmsbhai]

Normal Processing:

1. Receipt will take 3-4 weeks

2. No, you should have the copy of the Receipt Notice (i797C) with you to start working for the new company.

 

With your case, even if time is less, file in Premium. You will get the Receipt in 1 day (max 2 days) and start working and get a decison.

[avlesk]

When I did my H1B transfer, my attorney told me that it is perfectly safe to resign once you have got the confirmation from FedEx that your documents have been received by USCIS. It took me a week to get the receipt notice under normal processing.