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Urgent - H1 Transfer In Opt

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  • Urgent - H1 Transfer In Opt

    I applied for my H1 transfer premium processing through company "X" on
    Sep 18th and I am on OPT:

    1. When will I receive the receipt from USCIS?

    2. Once I receive my receipt can I start working for the company "X"?

    3. If I do not get a reply from USCIS till Sep 30th am I out of status
    from Oct 1? If yes, what should I do to be in status?

    4. Until I get the approval for Company "X" from USCIS can I work with
    my current "Y" company in H1?

    5. Is there is any grace period in H1 to be without job and be in
    status?

    6. When in H1 how many days can we take sick leave and vacation together?


    If anyone can shed some light asap on these questions I will be grateful, as I have no time left.

    Thank you,
    Ram

  • #2
    1. Lawyer gets the email for premium cases with the receipt very soon.

    2. You could start only after the H1b start date if the H1b was from a new quota. You can start work in general after the package was delivered to USCIS provided the H1b is valid or wait till the H1b validity starts. Talk to your lawyer as this is use of AC21 portability law.

    3. No, you are in the authorized period to stay. However, talk to your lawyer about AC21 portability and if you should begin work on Oct 1st.

    4. What do you mean by current company Y? The one that sponsored your first H1b? If so, you could on your OPT and then the H1b that they got approved for you.

    5. NO

    6. Depends on your benefits package. No making up sick leave or vacation as USCIS has been very strict these days.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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