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H1b transfer and 30 day rule

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  • H1b transfer and 30 day rule

    I am working with Employer A till Nov 25 (Friday) and starting with Employer B on Nov 28 (Monday).

    Now my new employer's attorney gets back saying they are waiting for LCA approval from DOL and so I can only start on Dec 5. I asked them if a week not being paid will mean out of status for me and they got back saying I have 30 days to apply for H1 transfer and start working.

    Is this true?? Please help. Last thing I want is to go out of status.


  • #2
    Per my knowledge LCA approval takes only one full working week ( 5 days). So ask them to file LCA by 20th?

    Secondly, per my knowledge there is no 30 days rule. You are OOS the next day you dont get paid, however sometimes they consider a couple of days..

    Wait for the experts to comment. I am a novice and just telling from my recent experience.

    Good Luck.


    • #3
      You cannot join the new employer before the H1B transfer is filed (meaning, you should have the receipt number to start workingf or the new employer. LCA takes about 10 days. It is advisable to keep the gap between resigning the current employer and joining the new employer as less as possible. You are considered out of status on H1B for the period without pay. There is no such 30 day rule.
      Not a legal advice. Use of this information is strictly at your own risk.


      • #4
        You cannot begin working for B, unless they have receipt in hand. Also, there is risk in working just with the receipt. If petition is denied and you have left A by that time, you will be out of status.
        This is my opinion and not legal advice.


        • #5

          Thanks for the valuable information Senior members. Very helpful.