H!B Transfer - Unique Scenario

[indian21]

Dear All,

I have a unique scenario with regards to my H1B transfer and would like to know what are my options in this scenario. Any inputs will be much appreciated.

1. I received/accepted an offer from Company B after which I served a notice to my current company A mentioning them that my last day at work for them will be April 20th. Company B had put my starting date as April 23rd.
2. After couple of days of notifying my current company A, I received a call from HR of company B asking me not to resign till my H1B transfer decision was given by USCIS which might push my starting date further by few days.
3. I verbally communicated this to my current manager. He did not say anything at that time.
4. Yesterday I got further information from my new company that they will be filing my H1B transfer either on Friday or Monday.
5. I emailed my current manager updating him with my situation and told him that my last day might get extended. He responded back that since I had given April 20th as the last day, there is not much that he can do and I will have to leave on April 20th.

I will be speaking with my current company's HR to see if I can get some days till a decision on my H1B transfer has been made. In case they say no what are my options? If I have a gap of few days (1 week - 2 weeks) between my last day at company A and starting date at company B will that be an issue? I do understand that once the H1B is filed I am eligible to work in company B but their policy is to get a decision from USCIS before they ask newcomers to join. Please guide me.

[kabkaba]

B will most probably get a receipt by Apr 20. You will have to join them based on the receipt. Tell B's HR and Hiring Manager about this. They may not be aware of you being able to work on receipt. Is this a consulting position? Is it a small company? There are chances of petition denial in that case. If that happens you will be out of status and will have to leave the US immediately.

[indian21]

Thanks for your response. It is a mid sized power utility company and my background is Power Systems.

[kabkaba]

There is less chance of denial in that case.
B's HR and Hiring Manager may not be aware of working on receipt. Ask them to talk to their lawyer in that case. Also, informing them of the situation may get them to expedite filing.
Also, I believe as long as receipt date for the transfer falls before your last day of work at A, you can remain in the US without working. You can request B's lawyer to confirm this.