H1B Transfer - Start Date Amendment of approved Transfer petition

[krish1671]

My transfer petition is approved and has the start date from June 11, 2015. But I am planning to start my employment with new employer from June 1st, 2015 by applying an H1B amendment to start date.

Can someone please answer the below questions?

1. Chances of amendment to get denied.
2. Can I stay with current employer till June 10, 2015 and join the new employer on June 11? Chances of staying with current employer are very minimal as I have already submitted resignation and the last date is May 29.
3. Can I stay with current employer till May 31, 2015 and go out of status for 10 days and join new employer on June 11?

[raghvi]

My transfer petition is approved and has the start date from June 11, 2015. But I am planning to start my employment with new employer from June 1st, 2015 by applying an H1B amendment to start date.

Can someone please answer the below questions?

1. Chances of amendment to get denied.
2. Can I stay with current employer till June 10, 2015 and join the new employer on June 11? Chances of staying with current employer are very minimal as I have already submitted resignation and the last date is May 29.
3. Can I stay with current employer till May 31, 2015 and go out of status for 10 days and join new employer on June 11?

1. It depends upon the justification that have been provided to USCIS to advance the date. Its not so much as the date but time which USCIS would take to process the application if not filed in premium.
2. Thats what I would advise doing instead of filing the amendment.
3. You should absolutely avoid going out of status. The point being that your employment and status with respect to Employer B from June 11th onwards would depend upon you being in valid status till June 10th. If you are not in status on June 10th, the subsequent validity of status, even if approved, from June 11th becomes questionable.

This is my opinion not legal advice.