H1B Transfer Question - What is the right way ?

[happybuddha]

Hello everyone,

So its that time that I have gathered my pay stubs and am looking for a change. Although I was told by friends and google searches that I can legally switch employers only after I have received atleast the receipt number, I am in confusion.
I have been approached by many consultants and here's what they have to say : LCA filing and receipt number for H1B transfers takes more than 3 to 4 working weeks and then a notice period of two weeks, makes it a total of 6 weeks since interview, and no client is ready to wait for that long.
I think my questions are :
1)Can the consulting company File for LCA and only then file for an H1B transfer ? Can these things not go hand in hand ?
2)What happens in case the USCIS has a 'query' ?
2.a) Is it worth the risk to resign after just receiving the LCA and the H1B transfer still under process ?
3) In case the H1b Transfer is denied and simultaneously if I have already resigned from my current company, do I lose the status and will be deported ?
4) What is the correct legal way to go about this ?

Any words of advise are much appreciated.

Cheers,

[shervin143]

1)Can the consulting company File for LCA and only then file for an H1B transfer ? Can these things not go hand in hand ?
>>> In order to file the H1B petition, the LCA should have already been approved. So the answer is NO.

2)What happens in case the USCIS has a 'query' ?
2.a) Is it worth the risk to resign after just receiving the LCA and the H1B transfer still under process ?
>>> Like you said, it is a risk. If the transfer gets approved, then you are all good. If not, then you are in trouble.

3) In case the H1b Transfer is denied and simultaneously if I have already resigned from my current company, do I lose the status and will be deported ?
>>> In such case, you will have no other option other than to leave the country immediately in order to avoid accumulating out of status period and illegal employment.

4) What is the correct legal way to go about this ?
>>> The safest option is to join the new employer only after the H1B transfer gets successful.

[kabkaba]

To add to the above, be careful in selecting a consultant since most consulting positions invariably invite extra scrutiny and RFE's these days.

[happybuddha]

Thanks to the both of you.

I think I will just wait till I get the receipt number and only then plan for a switch. As of now, I have no options, and my project's end date is coming soon. There are a couple of options in pipeline though.. so I will just go with someone since I want to remain employed here.

I heard from someone that there is a new law related to H1B which says the individual can him/herself file for a H1B transfer and be responsible for the same. I googled and wiki'd for it but found no updates. Its a recent change brought in August. Does anyone know more about this ?

Cheers,

[shervin143]

I heard from someone that there is a new law related to H1B which says the individual can him/herself file for a H1B transfer and be responsible for the same. I googled and wiki'd for it but found no updates. Its a recent change brought in August. Does anyone know more about this ?
>>> I don't think so. H1B is an employer's petition. How can someone transfer the H1B petition without the knowledge of the employer or without an employer at the first place. It makes absolutely no sense.

[happybuddha]

Talk about someone living on the edge, and I will qualify in the top positions.
Now I have news that my project may end in another 3 weeks and I may need to go back at the end of 3 weeks.
I am in talks with a couple of companies where with at least one of them things are looking very very promising and good ...and if they start their LCA process (which takes 10 bus days max) and then filing for transfer (probably under priority, I can try and push them for it, I think) and getting the receipt number (which I am guessing should not take more than 5 bus days). So if things start rolling on Monday, will I be safe (legally as well) to resign and join them as soon as they get the receipt number ?
I probably wouldn't have a notice period of 15 days as the plan itself is for me to sent back in 3 weeks.
Obviously the worst thing will be to resign from current employer, have no other job in the US and then being deported from US. That would really be very sad.

Any words of advice, much appreciated.

Cheers,