H1B Transfer Date issue..

[chole252]

Hello,

I was an H1B worker but got fired from my sponsorship company last month. Now I'm preparing for H1B transfer with a new employer.

I want to know 2 things about if my new employment and my status will be legal.

1) Can I start working legally beginning 7/18/2011?
2) Is it legal to deposit company checks from my new employer after 7/18/2011?

Here are some problems.

6/21 : I filed all my documents and gave them to my attorney.
6/30 : My attorney applied LCA on 6/30 but he applied it for a new initial H1B worker, not for a H1B transfer worker. I saw the LCA Certification Email, my attorney asked DOL(Department of Labor) to allow me to work beginning 10/1/2011 through 9/30/2014 even though I told him I need to start working beginning 7/18.
7/ 1 : My former employer expired my H1B visa status.
7/12 : My attorney submitted my new H1B petition with the wrong period of LCA case number for a new H1B starter, not for the H1B transfer employee.

I really wonder if I can start working from 7/18 legally and I can deposit company checks legally, and my new H1B will be approved with the whole these period problems and the wrong LCA application. My attorney said it would be okay for me to work once I got the tracking number which proves I already submitted the H1B petition. But I heard that it is legal only if I work with the receipt number.
I also want to know if it is okay for me to stay legally now even though my H1B status already expired on 7/1.

I'm so stressful and kind of desperate because of my attorney's LCA period mistake and being late to submit my new H1B petition after I got fired.

My attorney said he applied for a new LCA with the correct period beginning 7/18/2011~ today, so if US Immigration Service asks additional documents, he would send it to them later. He also mentioned that it would cause one more months delay for me to get approved which takes total up to 3 months.

Please advise me if the whole these things are going to be okay.
Please give me any tips or worries, or some other good or bad cases that you experienced.

I'm lucky to find this website.


Thanks in advance for all your help.

[shervin143]

The whole situation looks messy. If you were not able to provide the latest pay slips when you filed for the transfer, then H1B will not get approved with a new I-94 forcing you to go for a consular interview. On the other hand, the H1B will get approved only based on the submitted LCA. If the LCA has a start date in the future, then H1B will also have the same effective date as the LCA. Whatever might be the case, it is advisable that you go for a premium process instead of waiting for 3-4 months and then figuring out that your employment was illegal (in case the transfer get rejected) which can lead to more trouble.

[chole252]

thanks for the comment!

Actually I provide 3 months of recent paystubs, the problem is that my attorney asked DOL for allowing me to work beginning 10/1/2011.
And on the I-129 Form, he checked "Change of sponsorship"
So no content that includes I can work from 7/18.

my attorney told me he would send new LCA case number when immigreation service asks an additional documents. but why will they ask additional document? Even if I get approved, my H1B will be approved beginning 10/1/2011.

I don't know what to do. I can ask my employer to pay me in cash or wait for me until my status will be legal.

Please please let me know what to do.

my attorney already sent my H1B to USCIS yesterday by mail. Can I still process express by paying more and sending additional documents?

Please advise me~
I have to start working next monday. I don't know what to do~

[shervin143]

Yes, you can upgrade to premium process anytime as long as you have the receipt number in hand.

Actually I provide 3 months of recent paystubs, the problem is that my attorney asked DOL for allowing me to work beginning 10/1/2011.
And on the I-129 Form, he checked "Change of sponsorship"
So no content that includes I can work from 7/18.

my attorney told me he would send new LCA case number when immigreation service asks an additional documents. but why will they ask additional document? Even if I get approved, my H1B will be approved beginning 10/1/2011.

I don't know what to do. I can ask my employer to pay me in cash or wait for me until my status will be legal.

Please please let me know what to do.

my attorney already sent my H1B to USCIS yesterday by mail. Can I still process express by paying more and sending additional documents?

Please advise me~
I have to start working next monday. I don't know what to do~

[chole252]

thanks! but some more questions!

I will think about the premium process when I get the receipt number.
But even if I apply for the premium process, is there a risk to get refused?

even if my H1B didn't get approved yet, can I start working with the receipt number? is it legal? I heard that it is okay to work.

And even though I already submitted the H1B petiotion, can I change my start date with a new LCA document? Is it possible?

The whole thing was messy like you said. I think I chose a wrong attorney.
he made my status in danger now.

I don't know what I can do now.
Can I appeal to the USCIS with this?

Both my attorney and my employer prepared very late. I gave them 2 weeks before my H1B status was terminated.

if you give me more help or advise kindly, I would really appreciate it.

Thank you in advance!