Urgent help on H1 Transfer

[sukumarps07@gmail.com]

Hi,

My friend is working with employer A and moving to a new company(Employer B) soon.

HR director of employer B told him that his H1 and LCA has been filed simultaneously and the LCA got approved on June 4th. They also said that he would get his receipt number before 12 th and told him to put down papers so that he could join B on 15th.

He was lil skeptical about putting down papers before getting the receipt number. But he put down his papers but extended the joining date to 22nd. But he hasn't got the reciept number yet. 

Question is: 

1. Can H1 and LCA be filed simultaneously
2. Would he get his receipt number before 19th?
3. His last day with A is 19th. Uf he doesn't get the receipt number by 19th, would he go out of status
4. IF answer for #3 is yes, what can be done to maintain his status?

Would be really really thankful if you all could pour in some light on his situation! 

 

Please Please...

Thanks!

[jairichi]

1. LCA is filed with DOL and H1B petition with USCIS. Without a certified LCA a H1B petition cannot be sent to USCIS.

2. Possible.

3. Yes.

4. Can wait for an extra one week. If nothing then apply for COS to B2.

 

Your friend should not have resigned from current employer without having his H1B with new employer approved.

[sai57]

Try to get the relieving date with Employer A extended until the day before you join the Company B (i.e., until the Company B gets the H1B transfer receipt)