Job termination and H1B Transfer Confusion

[h1bguy80]

I have been told by my current company that Oct 21 will be my last date of employment. I have received an offer from an other company and will be transferring my H1. However, there might be some delay in applying for H1 transfer due to background check and other formalities, which is currently going on. What will happen under the following scenarios:

1. If the H1 transfer petition by the new company is sent to USCIS by Oct 21, will I be in status?

2. At this point I am not sure if the new company will be applying for H1 transfer through regular processing or premium processing. If I get the receipt notice (assuming regular processing) after Oct 21, can I start working immediately or can I wait for sometime for the approval notice to come in? During this wait time I will not be working for any company. Will that be considered out of status or illegal?

3. If there is a delay in applying for H1 transfer and if applied 1-2 weeks after Oct 21, what are the chances of it being approved as COS? Will I be considered out of status for the 1-2 weeks time frame and will it be an issue for future immigration related petitions or visa stamping?

4. If the H1 transfer is initiated after Oct 21, can I start working after the receipt notice is received?

I very much appreciate the replies you can provide on the above. Thanks.

[shervin143]

1. If the H1 transfer petition by the new company is sent to USCIS by Oct 21, will I be in status?
>>> The petition to transfer the H1B should reach USCIS before Oct 21st for a smooth transfer. The employer can do overnight FedEx.

2. At this point I am not sure if the new company will be applying for H1 transfer through regular processing or premium processing. If I get the receipt notice (assuming regular processing) after Oct 21, can I start working immediately or can I wait for sometime for the approval notice to come in? During this wait time I will not be working for any company. Will that be considered out of status or illegal?
>>> You can start working based on the receipt notice. When you are in H1B, you should be working and getting paid. If not, you are considered out of status on H1B.

3. If there is a delay in applying for H1 transfer and if applied 1-2 weeks after Oct 21, what are the chances of it being approved as COS? Will I be considered out of status for the 1-2 weeks time frame and will it be an issue for future immigration related petitions or visa stamping?
>>> Yes. The COS might very well get denied. The petition might get approved though (without a new I-94). All the time spend in U.S after Oct 21st (Current job end date) will be considered as out of status period.

4. If the H1 transfer is initiated after Oct 21, can I start working after the receipt notice is received?
>>> Yes. Later of the approval comes with a new I-94, you are good. If not, you are out of status and should leave the country immediately and return back on H1B visa and newly approved petition.

[h1bguy80]

Hi Shervin,

Thank you very much for the reply. Appreciate it. I am trying to see if my new company can file my H1 transfer petition before Oct 21 to avoid going out of status. Hoping for the best.

[h1bguy80]

Hi Shervin,

I may have a chance of taking my accrued two week vacation after Oct 21, thereby extending my employment with my current company until Nov 4. Will I still be considered out of status after Oct 21 or only after Nov 4th? Appreciate your reply.

[kabkaba]

Nov 4 can work. Get an official experience/termination letter from the current employer showing this termination date or last day of work.

[shervin143]

All that matters to USCIS is your latest pay check. If your last pay check with the current employer ends on Nov 4th and if the transfer is filed prior to that, then you are good. If your last pay check ends on 21st Oct, then it is not a vacation. Technically you will be considered out of status if the transfer is filed later.

[balajimcat]

Whats the outcome ?

I have been told by my current company that Oct 21 will be my last date of employment. I have received an offer from an other company and will be transferring my H1. However, there might be some delay in applying for H1 transfer due to background check and other formalities, which is currently going on. What will happen under the following scenarios:

1. If the H1 transfer petition by the new company is sent to USCIS by Oct 21, will I be in status?

2. At this point I am not sure if the new company will be applying for H1 transfer through regular processing or premium processing. If I get the receipt notice (assuming regular processing) after Oct 21, can I start working immediately or can I wait for sometime for the approval notice to come in? During this wait time I will not be working for any company. Will that be considered out of status or illegal?

3. If there is a delay in applying for H1 transfer and if applied 1-2 weeks after Oct 21, what are the chances of it being approved as COS? Will I be considered out of status for the 1-2 weeks time frame and will it be an issue for future immigration related petitions or visa stamping?

4. If the H1 transfer is initiated after Oct 21, can I start working after the receipt notice is received?

I very much appreciate the replies you can provide on the above. Thanks.

What happened finally with your situation ?
I am almost in same situation with new employer who did not file h1b transfer before last date of previous employer due to their own formalities

I would like to know how the process went at your case, your response would be of more help to me in my current situation