H1-Petition

[Visaq]

Hi All,

I'm currently on an H1 for my employer A with proper I-94 in my passport that is valid until 2011. Now I moved to a new employer B and my H1 was transfered after a delay of 25 days after i moved our of employer A. Please clarify my following questions.

- Will there be any problem in H1 transfer on receiving the new petition
- After applying the petition - within how many days will i receive a receipt?
- Can i start work with a fedex receipt?
- If i receive an new petition for my employer B without I-94 - then till what date can I stay in US and work for the new employer.

Please help me clarify my questions.

Regards,
Visaq

[txh1b]

According to AC21 guidelines, one should be in valid status to use H1b portability and work upon filing.

You are better to go for premium processing of your case as you may not qualify for portability going by the books as you were out of status when the petition was filed.

Talk to your lawyer.

[Visaq]

Thanks for the information.

But my H1B petition is still not revoked. Also I have a proper pay slip for that month. Will it still be a problem?

Regards.

[txh1b]

Depends. Should not be a problem if you were paid for the period and USCIS has proof of pay stub. Still, I would recommend a PP.