Urgent help on h1 Transfer

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Hi,

My friend is working with employer A and moving to a new company(Employer B) soon.

HR director of employer B told him that his H1 and LCA has been filed simultaneously and the LCA got approved on June 4th. They also said that he would get his receipt number before 12 th and told him to put down papers so that he could join B on 15th.

He was lil skeptical about putting down papers before getting the receipt number. But he put down his papers but extended the joining date to 22nd. But he hasn't got the reciept number yet.

Question is:

1. Can H1 and LCA be filed simultaneously
2. Would he get his receipt number before 19th?
3. His last day with A is 19th. Uf he doesn't get the receipt number by 19th, would he go out of status
4. IF answer for #3 is yes, what can be done to maintain his status?

Would be really really thankful if you all could pour in some light on his situation!

Thanks!

[kkinusa]

LCA needs to be attached with H1B application. Typically H1B is not complete until LCA is attached. So its as good as getting LCA and then sending H1b with it. I am not sure if simultaneous filing is available.

receipt numbers are issued typically 10-12 days after filing, 2 calendar weeks, but not guaranteed

you are allowed to work from the time application is filed. so you may not be out of status. check with your new employer

[shervin143]

1. Can H1 and LCA be filed simultaneously
>>> No. You need an approved LCA to file H1B petition.

2. Would he get his receipt number before 19th?
>>> It will take about 10 to 12 days to receive the receipt number from the date USCIS receives the documents for the H1B transfer.

3. His last day with A is 19th. If he doesn't get the receipt number by 19th, would he go out of status
>>> Technically one is not suppose to work for the employer until the transfer is filed (Receiving the receipt notice and then joining is advisable). However, at least try and get a copy of the FedEX confirmation before joining the new employer. Without that, the employment will be illegal. How certain is your friend that the new employer has already filed the transfer?

4. IF answer for #3 is yes, what can be done to maintain his status?
>>> Read answer 3.