H1 transfer - no receipt

[rohit1183]

Hi,
My last day with my current employer (A) is 2/15/2013 (Friday). Current I-797 valid till 12/30/2014.
I am supposed to join my new employer (B) from 2/18/2013 (Monday). My new employer has sent the H1 transfer (premium) packet to USCIS on last Friday i.e. on 2/8/2013.
So far I have not received the receipt number. What I was told is there is some backlog in USCIS processing due to recent storm situation.
Here is my question:

1. As the packet was sent to USCIS on 2/8, should I join my new employer on 2/18 even though I do not have the receipt number so far?
2. What would be my status after 2/15 (My last day with current employer) if I do not have the receipt# in hand?
3. If let's say there is a delay of 2-3 days in getting the receipt# and say I get it on 2/20, would I be considered out of status after 2/15?
4. If yes, do I need to go to India for stamping?
5. Would it have any affect on my GC processing which is to be started later this year?

Much appreciate your help.

[happybuddha]

Hi,
My last day with my current employer (A) is 2/15/2013 (Friday). Current I-797 valid till 12/30/2014.
I am supposed to join my new employer (B) from 2/18/2013 (Monday). My new employer has sent the H1 transfer (premium) packet to USCIS on last Friday i.e. on 2/8/2013.-- Aren't you posting your questions too early ?
So far I have not received the receipt number. What I was told is there is some backlog in USCIS processing due to recent storm situation.
Here is my question:

1. As the packet was sent to USCIS on 2/8, should I join my new employer on 2/18 even though I do not have the receipt number so far?
2. What would be my status after 2/15 (My last day with current employer) if I do not have the receipt# in hand?
Without even a receipt number, technically, you cant join the new employer and technically, you will be out of status. The reason of the storm may get you some lenience and although you may get some more lenience if the pay roll begins from the 18th in the future company, but that would be illegal for them to do so, since they do not yet have a receipt number yet. If you had googled enough, you can see no one ever recommends joining a future employer without the new petition in hand. Receipt no. is just the fedex receipt number. Can you track your package ? Its all risky over here
3. If let's say there is a delay of 2-3 days in getting the receipt# and say I get it on 2/20, would I be considered out of status after 2/15? yes
4. If yes, do I need to go to India for stamping? Most transfers generally arent consular transfers. If you get a new I 94 you dont need to.
5. Would it have any affect on my GC processing which is to be started later this year? - Yes. I am told these days USCIS looks for even the slightest reason to put queries. Even heard the IRS going after many H1Bs who retorted to the per diem tricks. Also, not only GC, you will have to specifically mention in all your future applications that you willfully violated your status and stayed illegally in the country.

Much appreciate your help. - you are walking a very tight rope here. Good luck.

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