H1b transfer on offer letter

[nikhikjwd]

Hi

I had a valid H1-B from Company A and then I got a new offer from comapny B. The companay stated a joining date on the offer letter and started my H1-B transfer. But when I joined the comapny B on the date in the offer letter they say that my official joining date will be a week after due to some H1-B LCA issue. Is it legal for the company not to pay based on the date in offer letter?

[shervin143]

If you are not a citizen or a PR, then your employment with a company is considered illegal without a valid LCA and an approved H1B petition. Offer letter doesn't mean so much without these documents.

[nikhikjwd]

H1b transfer on offer letter

Thank you for the reply.

The problem I have is the company B said to join me on the date X. I started to send my H1-B documents to them three weeks before that and also specifically asked them if the joining date X is ok considering H1B transfer and they said it is not a problem. Now they have extended my official joining date by 2-3 days on the reason that LCA is not approved yet. The thing I am worried is if after 2-3 days they again come back with some excuse I have following questions
1) How much time LCA approval takes
2) Is it legal for the company not to pay for the days I worked with them as I quit my working job for joining them?
3) what are my options in worst case scenario.

Thanks you so much for the help

[shervin143]

The problem I have is the company B said to join me on the date X. I started to send my H1-B documents to them three weeks before that and also specifically asked them if the joining date X is ok considering H1B transfer and they said it is not a problem. Now they have extended my official joining date by 2-3 days on the reason that LCA is not approved yet. The thing I am worried is if after 2-3 days they again come back with some excuse I have following questions
>>> Well, that is why you are not suppose to join a company on H1B without the H1B is officially approved. This should be the responsibility of the H1B holder.

1) How much time LCA approval takes
>>> Usually within 10 - 15 days.

2) Is it legal for the company not to pay for the days I worked with them as I quit my working job for joining them?
>>> First of all, it is illegal for you to work with them without an approved LCA. The H1B petition will be filed with a copy of the approved LCA. So I believe that in your case, the transfer hasn't been filed yet. Check with your employer. In such case, your employment will become illegal and you cannot claim the company to pay you for your illegal employment. Check the below link.

https://www.immihelp.com/h1-visa-requirements/

3) what are my options in worst case scenario.
>>> What worst case scenario are you asking? If H1B transfer is not approved, then any employment with this employer will be considered illegal.

[nikhikjwd]

H1b issue

Thanks you so much..... one last question
One last question as you said that the H1-B transfer cannot be filed without approved LCA in that case would it be good to ask the previous employer to not to revoke/cancel my existsing H1-B. The question is now if the previous employer revokes/cancels my H1-B would it be a problem?

[shervin143]

Yes. If the previous H1B is been revoked before your application for transfer reaches USCIS, then the transfer is not possible as you are already out of status on H1B.

Technically, you are out of status right now. As you have already resigned from your previous employer and your transfer hasn't been filed yet (So there is an intermediate period where you will not have any play slip). If you can continue to work with your previous employer (assuming the H1B is not send for revoke) until the new employer can file your H1B transfer (I would advise to wait until the transfer is approved rather than joining them on the receipt notice), then you should take that.