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URGENT: H1 Transfer - Out of Status ?

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  • URGENT: H1 Transfer - Out of Status ?

    I had originally planned to have my last working day at current employer on 29th May (Friday) and I was planning to join new employer from 1st June (the following Monday).
    My current employer decided to release my earlier from duties on 26th May which 3 days earlier than I had planned.
    My new employer has already submitted the transfer related documents to USCIS and I have delivery confirmation of documents, so per USCIS regulations I can legally start working at my new employer though it is subjected to ultimate approval of H-1B Change of Employer petition by USCIS.

    My questions are:

    I am out of status for these 3 days ?
    Is this going to be a problem on getting to my new job ?
    Is this going to be a problem with my USCIS transfer petition ?
    Any suggestions on what I can I do to have remainder of petition approval by USCIS go smoothly?

    Thanks

  • #2
    Originally posted by Rajat Sapra View Post
    I had originally planned to have my last working day at current employer on 29th May (Friday) and I was planning to join new employer from 1st June (the following Monday).
    My current employer decided to release my earlier from duties on 26th May which 3 days earlier than I had planned.
    My new employer has already submitted the transfer related documents to USCIS and I have delivery confirmation of documents, so per USCIS regulations I can legally start working at my new employer though it is subjected to ultimate approval of H-1B Change of Employer petition by USCIS.

    My questions are:

    I am out of status for these 3 days ?
    Is this going to be a problem on getting to my new job ?
    Is this going to be a problem with my USCIS transfer petition ?
    Any suggestions on what I can I do to have remainder of petition approval by USCIS go smoothly?

    Thanks
    1. If you are not paid for those 3 Day yes you are out of status.
    2. What do you mean new job? Isnt the next employer already having a job for you?
    3. Possible.
    Its advisable to join next employer only after the petition is approved.


    This is my opinion not legal advice.

    Comment


    • #3
      Thanks Raghvi for your response. By question 2, I meant I am joining my new employer from Monday and since for Wed, Thur and Fri I won't be paid I am not sure what to do about it. I am trying to what is best course of action to avoid being flagged or be fined by USCIS

      Thanks

      Originally posted by raghvi View Post
      1. If you are not paid for those 3 Day yes you are out of status.
      2. What do you mean new job? Isnt the next employer already having a job for you?
      3. Possible.
      Its advisable to join next employer only after the petition is approved.


      This is my opinion not legal advice.

      Comment

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