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H1B Transfer Query : Reciept by USCIS

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  • H1B Transfer Query : Reciept by USCIS

    Hi all,
    I want toknow that I got H1B transfer reciept by my employer, now he told me that now I can be on his payroll so dont send timesheet to last consultant now you will get paid directly by company who transfered my h1b.
    my query is how many days will takes for getting final I797 with I94? or this mean I got reciept by USCIS means USCIS 100% will issue the I797 with new company?
    confussion... so I can be directly work for my new company now?
    Thanks

  • #2
    you can officially start working for the new employer after you receive the confirmation receipt. to get the approval notice, it will take a couple of months (or more) depending on the service center where your h1b transfer is filed.

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    • #3
      Receipt notice just means that USCIS has received your documents for the transfer. It doesn't guarantee you the approval. You are legally allowed to start working for the new employer upon receiving the receipt notice. But it is not advisable to do so. If the transfer gets rejected, you will end up returning back to your home country. It will take 2-3 months to get the decision from USCIS by normal process and 15 days by premium. If the employer is rushing you to join them, then ask them to upgrade the case to premium.
      Last edited by shervin143; 02-08-2012, 05:06 PM.
      Not a legal advice. Use of this information is strictly at your own risk.

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      • #4
        To add to the above, approval is not guaranteed but direct full time employment has higher chances of approval than typical IT consulting type employment.
        This is my opinion and not legal advice.

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        • #5
          Thanks all.
          I am direct employee. my employer can't wait more so, update to premium process today paying extra $1000.

          one more info needed now we plan for file GC after geting transfer, my employer told me putting ad in news papers than filing labour certificate, how much time will take to get filling I140 finaly for GC? Premium processing available in this GC process too?
          can anyone explain it step by step:
          like 1) paper ad how many days we have to wait for file labout certification, 2) after labour certification how many days or month we have to wait for I140? 3) after I140 how many days we have to wait for Adjustment of status change ? (for me and spouse only).
          after filing all documents I140 how many years we have to wait for eAD or GC , can we track using our e-case?

          Thanks in advance
          Last edited by h1bfile; 02-09-2012, 01:33 PM.

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          • #6
            Advertisement will take about 2 months. PERM can take anywhere between 2-6 months (provided your application doesn't go into audit). There is no premium processing for PERM. There is a premium process for I-140 which will get you the result within 15 days. I-140 can be filed immediately after the PERM gets approved. To file I-485, you will need t6o wait for your priority date (from PERM) to get current. There is a separate section for GC in immihelp. Go through that section and read the basics.
            Not a legal advice. Use of this information is strictly at your own risk.

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