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Urgent H-1B transfer question

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  • Urgent H-1B transfer question

    I am moving from my current job and employer(employer A).

    I have a joining date of next monday oct 7th, as I got all the documentation just today, my new employer(employer B) started filing a petition.

    If I give 1 week notice, my current employer(A) may revoke h-1b this friday october 4th.

    1) Not sure if I get a receipt date by this Friday(10/04) ? with employer (B), what happens if I dont get receipt by this Friday?
    Can I start new job on Monday ??

    2) Do I need to give 2 weeks notice ? so that we have enough time to file petition ?

    3) I dont want to miss this opportunity, can I give 2 weeks notice, so that I will be in status for 2 weeks ....but planning to mark PTO(leave) for next week from (oct 7th to 11th) .....and at the same time planning to join new job from october 7th ??

    Please help with what would be the good approach

    thanks much in advance

  • #2
    Receipt date for B's petition must fall before your last day of work at A. There are multiple steps involved in filing the petition. The first being LCA which itself takes 7 days. Even after the petition is mailed receipt date is usually 1 or 2 weeks to even get the receipt date. You are not allowed to join B before the receipt date and B must be aware of that. Is B asking you to join before the receipt date? Why would you lose the opportunity?
    This is my opinion and not legal advice.


    • #3
      Thanks for the reply, then I will push back the start date to one more week ...

      Originally posted by kabkaba View Post
      Why would you lose the opportunity?
      we know for the contract positions, the client wants consultants to start ASAP. As I cant push the start date to more than 2 weeks, just not sure if it falls apart ...