H1 transfer and working during the gap.


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Here's my situation:

 

I am planning on leaving my current employer(A). I got an offer from a new employer (B) and they just filed for the H1 transfer on monday. I see the docs were received by Uscis yesterday. I am planning to leave A on 05/07 & join B on the same day 05/07.

 

1) If the receipt won't be generated by (05/07), is it still okay to leave A & join B on 05/07?

 

Also, today I received another offer from a new employer ©, and the joining date with C is 3-4 weeks from now. I have made up my mind to work for B only for the next 3 weeks and then finally move to C. C's attorney has asked me today for all the docs for H1 transfer which I'll be sending out to them tonight or tomorrow. C's attorney is filing my LCA on 05/05.

 

2) To C's attorney, do I need to tell them anything about B or can they just file based on my current payroll check which is with A as I am still working there? 

 

3) Would this working for B, only for 3 weeks (05/07 - 05/28), create any problem in future?

 

Also, A and C belong to CSC and B belongs to VSC.

 

Thanks a lot in advance.

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Here's my situation:

 

I am planning on leaving my current employer(A). I got an offer from a new employer (B) and they just filed for the H1 transfer on monday. I see the docs were received by Uscis yesterday. I am planning to leave A on 05/07 & join B on the same day 05/07.

 

1) If the receipt won't be generated by (05/07), is it still okay to leave A & join B on 05/07?

 

Also, today I received another offer from a new employer ©, and the joining date with C is 3-4 weeks from now. I have made up my mind to work for B only for the next 3 weeks and then finally move to C. C's attorney has asked me today for all the docs for H1 transfer which I'll be sending out to them tonight or tomorrow. C's attorney is filing my LCA on 05/05.

 

2) To C's attorney, do I need to tell them anything about B or can they just file based on my current payroll check which is with A as I am still working there? 

 

3) Would this working for B, only for 3 weeks (05/07 - 05/28), create any problem in future?

 

Also, A and C belong to CSC and B belongs to VSC.

 

Thanks a lot in advance.

1. No, you need USCIS receipt notice to be generated to start working for employer B.

2. For now A's information should be fine.

3. Depends on your contract signed with B they might have the right to sue you for damages.

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Thanks for the reply, jairichi !

 

1. I'll tell employer B that I would join only after receipt no is generated. Is there any rule/law that I can tell them that would help me to make my point stronger. As B is a consulting company, they are after me to join the client without the receipt no and based on the fedex delivery confirmation.

 

2. Since, I'll be leaving B after 3 weeks, I wouldn't know what happened to their H1 petition. if in future they get any RFE/Denial on their H1 petition, would that have any effect on my future H1/GC? As far as I know, I am in status as long as H1 petition is pending. Is that true?

 

3. I have already sent my docs to employer C for the H1 transfer. Since C is a FTE and fortune 500 company, they are moving really fast on this. I might just end up working with B for only 2 weeks. Since, a receipt no for B might be generated by the time C gets LCA approval and sends H1 packet to Uscis, Would I need to tell them then anything about B? I would like to keep this 2 weeks employment with B private and not tell C about it.

 

Thanks again.

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Thanks for the reply, jairichi !

 

1. I'll tell employer B that I would join only after receipt no is generated. Is there any rule/law that I can tell them that would help me to make my point stronger. As B is a consulting company, they are after me to join the client without the receipt no and based on the fedex delivery confirmation.

 

2. Since, I'll be leaving B after 3 weeks, I wouldn't know what happened to their H1 petition. if in future they get any RFE/Denial on their H1 petition, would that have any effect on my future H1/GC? As far as I know, I am in status as long as H1 petition is pending. Is that true?

 

3. I have already sent my docs to employer C for the H1 transfer. Since C is a FTE and fortune 500 company, they are moving really fast on this. I might just end up working with B for only 2 weeks. Since, a receipt no for B might be generated by the time C gets LCA approval and sends H1 packet to Uscis, Would I need to tell them then anything about B? I would like to keep this 2 weeks employment with B private and not tell C about it.

 

Thanks again.

1. It is always a risk to join based on FedEx delivery confirmation. A receipt notice would be generated within a week. So, by 7th May you will have a receipt notice. USCIS never acknowledges FedEx delivery confirmation.

2. No effect. Yes, you will be in status. But, make sure C files H1B petition before you leave employer A.

3. If C applies before you leave A then there is no need to mention about B.

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Thanks again, jairichi !

 

For 2. Did you mean "make sure C files H1B petition before you leave employer B." I am assuming that A was just a typo. Basically, I just need to make sure that C files for a petition and get a receipt no before I leave B & start working with C, right? After that, whatever happens to B's petition shouldn't be a problem for me.

 

Also, I had few questions regarding the status and I posted a question in the general forum. I don't see that post online yet, else I could have pasted a link for that.

 

In a nutshell, what I am really trying to find out is that since, I have already told A that I am leaving is there a way I can just not work for B at all? My original plan was to leave A on 05/05 & join B on the same day. However, now since I have C and start date with C would be around 05/19 or so depending on the receipt notice. Is there a way that I can just not work for B at all? I talked to A about it & A is ready to accept my unpaid leave request until I start working with C, which would be somewhere around 19th. I am gonna work for B, for 2 weeks, only if there's no other way around. Please let me know your thoughts on this.

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Thanks again, jairichi !

 

For 2. Did you mean "make sure C files H1B petition before you leave employer B." I am assuming that A was just a typo. Basically, I just need to make sure that C files for a petition and get a receipt no before I leave B & start working with C, right? After that, whatever happens to B's petition shouldn't be a problem for me.

 

Also, I had few questions regarding the status and I posted a question in the general forum. I don't see that post online yet, else I could have pasted a link for that.

 

In a nutshell, what I am really trying to find out is that since, I have already told A that I am leaving is there a way I can just not work for B at all? My original plan was to leave A on 05/05 & join B on the same day. However, now since I have C and start date with C would be around 05/19 or so depending on the receipt notice. Is there a way that I can just not work for B at all? I talked to A about it & A is ready to accept my unpaid leave request until I start working with C, which would be somewhere around 19th. I am gonna work for B, for 2 weeks, only if there's no other way around. Please let me know your thoughts on this.

If you join B based on cap exempt H1B petition receipt notice then petition with C is considered as bridge petition. C's outcome will depend on B's petition. If for any reason B's petition is denied then C's petition would be approved as consular processing.

 

Unfortunately on H1B there is no unpaid leave of absence/vacation. You could ask employer A to extend your last working day till the day before you are supposed to join C and get paid. Normally with a good relationship an employer would be able to do so.

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Thanks. You mentioned few very interesting points.

 

Since, A is not wiling to pay me after 05/05 and start date with C will be after 19th; I think I am better off working with B then for the interim so that I am getting paid at all times.

 

1) B filed for H1 transfer before I left A. B's attorney told me that even though Uscis would take 1 week or so to generate receipt, the receipt date would be the same on which they received the documents. Is that correct? 

 

2) So, as per law, as long as the Uscis has received the H1 transfer documents from B, before I left A, I am in status, right? Is that irrespective of my first day with B. I mean, if I choose to start on 05/08 and have left A on 05/05, am I still in status as B filed for H1 transfer while I was still with A?

 

3) Also, you mentioned that C's petition would be a bridge petition and C's outcome will depend on B's petition. How would that happen, in case C files in premium? B filed for H1 transfer based on my 04/16 pay stub with A & C is filing for H1 transfer based on my 05/01 paystub with A. Even  if I work with B for 2 weeks (05/05 - 05/19), how would Uscis get notified that I have joined B from 05/05 & how would it affect their decision on C's petition? As far as I know, for C's decision all it matters is that I should have been in status before that.

 

Please let me know and thanks again for your help so far.

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Thanks. You mentioned few very interesting points.

 

Since, A is not wiling to pay me after 05/05 and start date with C will be after 19th; I think I am better off working with B then for the interim so that I am getting paid at all times.

 

1) B filed for H1 transfer before I left A. B's attorney told me that even though Uscis would take 1 week or so to generate receipt, the receipt date would be the same on which they received the documents. Is that correct? 

 

2) So, as per law, as long as the Uscis has received the H1 transfer documents from B, before I left A, I am in status, right? Is that irrespective of my first day with B. I mean, if I choose to start on 05/08 and have left A on 05/05, am I still in status as B filed for H1 transfer while I was still with A?

 

3) Also, you mentioned that C's petition would be a bridge petition and C's outcome will depend on B's petition. How would that happen, in case C files in premium? B filed for H1 transfer based on my 04/16 pay stub with A & C is filing for H1 transfer based on my 05/01 paystub with A. Even  if I work with B for 2 weeks (05/05 - 05/19), how would Uscis get notified that I have joined B from 05/05 & how would it affect their decision on C's petition? As far as I know, for C's decision all it matters is that I should have been in status before that.

 

Please let me know and thanks again for your help so far.

2. Yes, you will be in status. You have the right to defer your joining date with B and stay on status till H1B petition approval.

3. If C files in PP and you get approval with I94 attached to I797 then there is no issue and you can join employer C. If for some reason B's petition is denied and C's petition is approved later then it would be approved as consular processing (without I94)

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Thanks. You mentioned few very interesting points.

 

Since, A is not wiling to pay me after 05/05 and start date with C will be after 19th; I think I am better off working with B then for the interim so that I am getting paid at all times.

 

1) B filed for H1 transfer before I left A. B's attorney told me that even though Uscis would take 1 week or so to generate receipt, the receipt date would be the same on which they received the documents. Is that correct? 

 

2) So, as per law, as long as the Uscis has received the H1 transfer documents from B, before I left A, I am in status, right? Is that irrespective of my first day with B. I mean, if I choose to start on 05/08 and have left A on 05/05, am I still in status as B filed for H1 transfer while I was still with A?

 

3) Also, you mentioned that C's petition would be a bridge petition and C's outcome will depend on B's petition. How would that happen, in case C files in premium? B filed for H1 transfer based on my 04/16 pay stub with A & C is filing for H1 transfer based on my 05/01 paystub with A. Even  if I work with B for 2 weeks (05/05 - 05/19), how would Uscis get notified that I have joined B from 05/05 & how would it affect their decision on C's petition? As far as I know, for C's decision all it matters is that I should have been in status before that.

 

Please let me know and thanks again for your help so far.

1. The receipt date will be the date when they received your cap exempt H1B petition.

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