email confrmation of h1b transfer approved ( please comment shervin and others)

[vkiran]

I got my h1b transfer approved today at california center. Applied on April 27th and got this email May 4th (today). 1 week in premium processing.They sent me an email saying the original will be sent in mail. here is what it looks like

Receipt Number: WAC YYYY YYYY XX
Petitioner: YYYY X

Beneficiary: YYYY YYYY X
DOB: XX/XX/XX
Classification: H1B
Starting Validity Date: 05/02/11
Ending Validity Date: 04/25/14
Consulate notified (if applicable):
I-94 # (if applicable): 86XX6X7XX12

The form I-797 Approval Notice will follow in the mail.

sorry had to use X's to not to disclose the numbers. Does this mean I am gonna get the approval notice with the new I-94. Just making sure its not going to be an I-797B? Shervin and other senior members please comment.

Thanks.

[txh1b]

More than likely a I797A with I-94. No one can confirm unless the notice is seen though as the I-94 included in the email is what was provided when applied.

[shervin143]

Usually when the I-94 number is included in the email, then it should be I-797A.

[txh1b]

Usually when the I-94 number is included in the email, then it should be I-797A.

Most likely but the I-94 included in the email does not mean that it applies to the approved petition. I have seen I797Bs even when the I-94 number is included in the email. Bottomline is one has to wait for the approval notice in the mail before joining the employer to be safe.

[vkiran]

Thank you for the reply. Just one more quick question if in case its an I 797 B will I be out of status when I start working for the new employer? My present h1B is valid till 09/2012 with the I 94 attached to it. And most likely my present employer is not going to revoke it. Worst of the worst case scenario assuming its an I 797 B I will be in status till 09/2012 right? and go to the visa stamping by that time? Just scary thoughts.

[txh1b]

Thank you for the reply. Just one more quick question if in case its an I 797 B will I be out of status when I start working for the new employer? My present h1B is valid till 09/2012 with the I 94 attached to it. And most likely my present employer is not going to revoke it. Worst of the worst case scenario assuming its an I 797 B I will be in status till 09/2012 right? and go to the visa stamping by that time? Just scary thoughts.

If it turns out to be a I797B, employment with B becomes illegal. Your status applies to the petitioner that you work for as long as you meet the conditions set forth by the H1b law like working and getting paid. The I-94 from A has no significance if you move to B as they need another approved petition with I-94 for employing you.

Better wait to be safe.

[shervin143]

In case it is an I-797B, then if you already have a valid visa from the existing employer, then you can just leave the country and re-enter back with the old valid visa and the new transferred petition to work for the new employer. No need to go for visa stamping. Like mentioned in the previous reply, better wait until you get the approval notice in hand before you join the new employer.

Thank you for the reply. Just one more quick question if in case its an I 797 B will I be out of status when I start working for the new employer? My present h1B is valid till 09/2012 with the I 94 attached to it. And most likely my present employer is not going to revoke it. Worst of the worst case scenario assuming its an I 797 B I will be in status till 09/2012 right? and go to the visa stamping by that time? Just scary thoughts.

[vkiran]

I don't have my visa stamped. Even from A its an approval notice is what I have. I am thinking to join B on 16th May so like 12 days from today hoping I would get the document in hand by that time. Just don't want to take risk as you both mentioned. Thanks a lot shervin and txh1b for your comments. This forum helped me a lot. Any idea like how many days it takes for the notice to reach my attorney ? Attorney is in New Jersey.

[vkiran]

And I am sure 100% that I haven't been out of status in any way since I got paid right and never had any issues on my job. Everything was right with pay stubs and W-2's. And both the jobs are full time jobs (Mechanical Engineering). (not consultancy of vendor client types).

[shervin143]

Within a week to 10 days.

Any idea like how many days it takes for the notice to reach my attorney ? Attorney is in New Jersey.

[txh1b]

And I am sure 100% that I haven't been out of status in any way since I got paid right and never had any issues on my job. Everything was right with pay stubs and W-2's. And both the jobs are full time jobs (Mechanical Engineering). (not consultancy of vendor client types).

In spite of this, I have always made sure through out my career to be safe than sorry. Anything can happen by over sight or error on USCIS part and you will spend time and sleepless nights for getting a correction.

You should be fine to join by the 16th.

[vkiran]

Thanks a lot to you both txh1b and shervin. My lawyer received the hard copy of the I-797A with I-94 and everything today and sent me a scanned copy of it. I am so happy. I am going to join "B" on 16th. Once again thanks a lot for all your valuable suggestions and comments.