H1b Transfer out-of-status question.

[theblood1]

So my wife is working with company A & she recently got an offer from company B. Company B has filed the H1B transfer application in priority mode for her & we have received the receipt number from USCIS. It has been 13 days since the application was submitted, but there is not updated on the application. it still says "We have received your application on Nov 1 and are processing it". We have confirmed with the company B about the priority filing of the application.

 

Now, it seems that the company B is getting restless due to project constraints. They are asking my wife to join the company on the basis of receipt & do not wait till the application is approved (we receive I-797). We think, they might cancel the offer. My concerns are :

 

1) Should she go ahead & join company B based on the receipt number ? Is it legal to do this ?

 

2) What can be the adverse effects on My wife's career & status in US, if she accepts the offer on receipt number and USCIS declines the application, leading to Out-of-status for her ?

 

NOTE: Both company A & B are very big & reputed companies. Company B HR manager also said that "B will take care if the application is rejected, we got 30 days of time to re-file your H1B application."

 

 

[jairichi]

1. It is legal but comes with a risk. What will be your wife's situation if H1B with new employer is denied and ole employer revoked H1B petition?

2. She would have to look for a new employer but to do so being in US she has to file COS as dependent to you.