I 797 valid from date is in future (H1B transfer)

[napster]

Hi, 

 

My H1B transfer is approved exactly 6 weeks back and I have started working for the new employer around 4 weeks back. Today when I received the copy of new I-797 from the employer I have noticed that the 'Valid from' date is sometime in future (Aug-25-2014) instead of some time in Januray-2014. Jan-2014 is when the petition was filed and the date requested was with immediate effect. 

 

I have contacted my employer regarding this and they are saying that it is a mistake from USCIS and they are going to get it rectified by speaking to them. It might take around 4 weeks to get the updated I-797 copy. 

 

I have three questions here. 

1. Am I legally allowed to work here in the interim ? 

2. Considering the worst case scenario if USCIS gives some reason why they gave it with effect from Aug-2014 instead of Jan-2014, am I going to be in a soup? 

3. If USCIS changes the date and resends I-797,  and sometime in future when I file for my Green Card is this gap going to show up and will it potentially have any negative impact on the outcome of the decision on Green Card? 

 

Let me know if you need any additional information which might help you in providing the clarification. 

 

Thanks,

Sundeep Korivi

 

[jairichi]

 

Hi, 

 

My H1B transfer is approved exactly 6 weeks back and I have started working for the new employer around 4 weeks back. Today when I received the copy of new I-797 from the employer I have noticed that the 'Valid from' date is sometime in future (Aug-25-2014) instead of some time in Januray-2014. Jan-2014 is when the petition was filed and the date requested was with immediate effect. 

 

I have contacted my employer regarding this and they are saying that it is a mistake from USCIS and they are going to get it rectified by speaking to them. It might take around 4 weeks to get the updated I-797 copy. 

 

I have three questions here. 

1. Am I legally allowed to work here in the interim ? 

2. Considering the worst case scenario if USCIS gives some reason why they gave it with effect from Aug-2014 instead of Jan-2014, am I going to be in a soup? 

3. If USCIS changes the date and resends I-797,  and sometime in future when I file for my Green Card is this gap going to show up and will it potentially have any negative impact on the outcome of the decision on Green Card? 

 

Let me know if you need any additional information which might help you in providing the clarification. 

 

Thanks,

Sundeep Korivi

 

1. Yes. You are allowed to work for new employer based on receipt notice. The only downside in this scenario would be if cap exempt H1B petition was denied. Since it was approved for you no issue.

2. I doubt that because I am sure it is an error.

3. No.

[napster]

Thanks a ton for the reply, Jairichi !! 

[jairichi]

Thanks a ton for the reply, Jairichi !! 

Let attorney contact USCIS and get the error rectified.