URGENT PLEASE HELP: H1B transfer premium processing

[chaits1986]

Hi,

I currently have a I797B with my present employer B. Previously I had a I797A with a diff employer A.

I got the I797B because, I had resigned earlier than my docs got submitted to DOL. Then my current company had to do a consular processing to get me the visa. I had a total of maybe a week when I had resigned from A and B had not yet filed my case.

Now, I have a offer from another company C who is filing H1B transfer under premium processing. The LCA package was sent to DOL on July 31, 2013; but I still have no receipt (Aug 6, 2013)

I am very worried if my out of status past and my I797B are causing a delay. Please any help/info reg this is highly appreciated.

Krishna

[kabkaba]

LCA is just the first step, it takes 7 days. The petition is filed after LCA gets certified and USCIS receipt date will be even later than physical petition packet receipt date. As it stands you are out of status and even C's petition will not be approved with a new I-94. You will have to leave the US and return.

[chaits1986]

URGENT PLEASE HELP: H1B transfer premium processing

Thank you for the reply. But i have not yet resigned from B, still employed there. C has sent my LCA package to DOL on 07/31.

I was out of status for a week when I left A to join B, and resigned before they could file it. So, technically I am in Status now right? Since I have my I797B with B and I did leave country before my first day with B to het the I94.

Now my question is: right mow I have the I797B and also new I94, which I got immediately by leaving US and coming back. My Out of Status was for maybe a week between A and B.

Will this in anyway affect my current filing with C?

[chaits1986]

And also,after I got my I94 to start with B, I had gone to India in a few months and also got a new H1B stamp on passport with Employer B.

[kabkaba]

If you have an I-94 obtained at POE when you returned with company B petition, you are not out of status. In that case as long as C's petition receipt date falls before your last day of work at B, C's petition will get approved with I-94.

You are confusing LCA with petition.
LCA is filed with DOL, it takes about 7 days to get certified.
After getting certified LCA your employer (C) will file the petition with USCIS.
About 1 to 2 weeks after USCIS receives the physical petition packet they will issue the receipt notice containing the receipt date. You can quit B after this receipt date.

[chaits1986]

Thanks!

Just heard that the certified LCA has come back and C is ready to file the petition tomorrow. They're targeting next Monday Aug 12 as my start date.

Should I wait till the receipt has come and then resign? I am sure the start date can be talked over with the HR.

Thanks very much again for all the help!

[kabkaba]

You are not allowed to work for C before the receipt date.