H1B Transfer Status

[MyImmigrationQuestion]

Hi,

 

I have been working for Company A under STEM Extension. Company A applied for my H1B, but I got an RFE. I joined a Company B under STEM Extension status while my H1B status was still pending. Then I got my H1B approved, so I asked Company B to transfer the H1B immediately. 

 

Company B applied for a "Change in Status" and got my H1B approved. The process took close to 3 months. Was I "out of status" at any point in these 3 months? 

[jairichi]

Hi,

 

I have been working for Company A under STEM Extension. Company A applied for my H1B, but I got an RFE. I joined a Company B under STEM Extension status while my H1B status was still pending. Then I got my H1B approved, so I asked Company B to transfer the H1B immediately. 

 

Company B applied for a "Change in Status" and got my H1B approved. The process took close to 3 months. Was I "out of status" at any point in these 3 months? 

No, you were not out of status.

[rahul412]

No bcos you were working on STEM ext during that time.

[ASharma75]

HI,

 

I have a question. I work in Company A and I got an offer from other Company B. Company B filed H1B change of employer petition with USCIS. Now the h1b visa transfer has been approved with validity dates as - 5/26/2014 to 5/16/2017 and employer as Company B on my i-797 document .

 

 

My question is - can I resign from my current job (Company A) on 5/23/2014 and join the new employer (Company B) on 6/2/2014 ? It means that I will be without payrolls for 1 week (i.e 5/26/2014 to 5/30/2014). But during this duration my I-797 will show that I have a valid H1B status, because the new visa (with employer as Company B) has the start date as 5/26.

 

Thank you,

ASharma75

[jairichi]

HI,

 

I have a question. I work in Company A and I got an offer from other Company B. Company B filed H1B change of employer petition with USCIS. Now the h1b visa transfer has been approved with validity dates as - 5/26/2014 to 5/16/2017 and employer as Company B on my i-797 document .

 

 

My question is - can I resign from my current job (Company A) on 5/23/2014 and join the new employer (Company B) on 6/2/2014 ? It means that I will be without payrolls for 1 week (i.e 5/26/2014 to 5/30/2014). But during this duration my I-797 will show that I have a valid H1B status, because the new visa (with employer as Company B) has the start date as 5/26.

 

Thank you,

ASharma75

You are fine.