H1-B transfer during lay off - Urgent help

[reachout]

I am currently on H1-B visa and I will get terminated in 6 weeks

1) Am I allowed to start working legally, once after my new employer filled for H1B transfer or should I need to wait untill I get a receipt before I join new employer?

2) What is the deadline,my new employer can file for H1B transfer (assume my termination date is end of June) or After when if my new employer file for H1 transfer, will it be invalid ?




Thanks any help will appreciated!!

[shervin143]

1) Am I allowed to start working legally, once after my new employer filled for H1B transfer or should I need to wait untill I get a receipt before I join new employer?
>>> Yu should wait until you get the receipt notice.

2) What is the deadline,my new employer can file for H1B transfer (assume my termination date is end of June) or After when if my new employer file for H1 transfer, will it be invalid ?
>>> The documents for transferring your H1B should reach USCIS before your last day with the current employer.

[reachout]

1) Am I allowed to start working legally, once after my new employer filled for H1B transfer or should I need to wait untill I get a receipt before I join new employer?
>>> Yu should wait until you get the receipt notice.

2) What is the deadline,my new employer can file for H1B transfer (assume my termination date is end of June) or After when if my new employer file for H1 transfer, will it be invalid ?
>>> The documents for transferring your H1B should reach USCIS before your last day with the current employer.

Thank you for the quick reply.

Generally how long does it take for USCIS to send the receipt for premium and non-premium processing?

[shervin143]

It takes the same amount of time to get the hard copy of the receipt in both the cases. The only difference is, when filed under premium process, the employer/lawyer who filed your case will get the receipt number in the email and the hard copy of the receipt notice will follow later.

Thank you for the quick reply.

Generally how long does it take for USCIS to send the receipt for premium and non-premium processing?

[reachout]

It takes the same amount of time to get the hard copy of the receipt in both the cases. The only difference is, when filed under premium process, the employer/lawyer who filed your case will get the receipt number in the email and the hard copy of the receipt notice will follow later.

Thanks for the reply. does it usually take around 2 weeks to get receipt?

[shervin143]

Anywhere between 1-2 weeks.

Thanks for the reply. does it usually take around 2 weeks to get receipt?

[reachout]

Anywhere between 1-2 weeks.

Thanks for your reply... I have been offered to relocate to another location of our company. will USCIS need to be notified of this change, if yes will the company need to file a new H1-B? what is the procedure for visa changes in relocating

[shervin143]

A new LCA need to be filed with DOL and the H1B need to be amended with USCIS. Check the below link.
https://www.immihelp.com/h1b-petition-amendment/

Thanks for your reply... I have been offered to relocate to another location of our company. will USCIS need to be notified of this change, if yes will the company need to file a new H1-B? what is the procedure for visa changes in relocating

[reachout]

A new LCA need to be filed with DOL and the H1B need to be amended with USCIS. Check the below link.
https://www.immihelp.com/h1b-petition-amendment/

Thanks for reply. My current company has initiated the h1b petition uscis I am likely to get offer from another company and they are ready to initiate a transfer asap. Would there be an issue with multiple h1b petitions and what are the chances of both the petitions getting rejected and the chance of getting approval for one petition and reject for another.

[shervin143]

Thanks for reply. My current company has initiated the h1b petition uscis I am likely to get offer from another company and they are ready to initiate a transfer asap. Would there be an issue with multiple h1b petitions
>>> No issues.

what are the chances of both the petitions getting rejected and the chance of getting approval for one petition and reject for another.
>>> No one can predict all that. It depends on what documents your employers have submitted to USCIS and how genuine they are.

[reachout]

Thanks for reply. My current company has initiated the h1b petition uscis I am likely to get offer from another company and they are ready to initiate a transfer asap. Would there be an issue with multiple h1b petitions
>>> No issues.

what are the chances of both the petitions getting rejected and the chance of getting approval for one petition and reject for another.
>>> No one can predict all that. It depends on what documents your employers have submitted to USCIS and how genuine they are.

My current company has sent the documents to USCIS, H1-B amendment for transfer of location(MA-> TX) under premium processing and received the receipt from USCIS now. Company B in MA has made me an offer and willing to do premium processing of visa by next week,this parallel process (1.location transfer 2. change of jobs) of H1-B transfer raises the below questions:
1. should I need to intimate Company B about in progress H1-B amendment through current company or not?
2. because of these 2 parallel initiatives, would USCIS raise any RFE for the H1-B transfer process through company B ?

Thanks

[shervin143]

1. should I need to intimate Company B about in progress H1-B amendment through current company or not?
>>> Not Required.

2. because of these 2 parallel initiatives, would USCIS raise any RFE for the H1-B transfer process through company B ?
>>> No.

[reachout]

My current company has sent the documents to USCIS, H1-B amendment for transfer of location(MA-> TX) under premium processing and received the receipt from USCIS now. Company B in MA has made me an offer and willing to do premium processing of visa by next week,this parallel process (1.location transfer 2. change of jobs) of H1-B transfer raises the below questions:
1. should I need to intimate Company B about in progress H1-B amendment through current company or not?
2. because of these 2 parallel initiatives, would USCIS raise any RFE for the H1-B transfer process through company B ?

Thanks

Thanks for your reply.

I need to submit the documents for h1-b transfer for company B and they seek the following documents:
1. recent 2 paystubs - where my current employer has changed the state to TX in my most recent paystub so I have one paystub with MA as state and TX as state with most recent one, would that raise any concerns with USCIS and with company B?
2. recent visa approval document - Do I need to wait and submit the visa amendment approval for change of location from my current employer or the previous visa approval from my recent employer

Any help would be appreciated

[shervin143]

1. recent 2 paystubs - where my current employer has changed the state to TX in my most recent paystub so I have one paystub with MA as state and TX as state with most recent one, would that raise any concerns with USCIS and with company B?
>>> Not if you are currently working in Texas and if the employer has already file the LCA for Texas and the H1B amendment is in progress.

2. recent visa approval document - Do I need to wait and submit the visa amendment approval for change of location from my current employer or the previous visa approval from my recent employer
>>> Previous H1B approval notice with the H1B amendment receipt for the new location will do.

[reachout]

1. recent 2 paystubs - where my current employer has changed the state to TX in my most recent paystub so I have one paystub with MA as state and TX as state with most recent one, would that raise any concerns with USCIS and with company B?
>>> Not if you are currently working in Texas and if the employer has already file the LCA for Texas and the H1B amendment is in progress.

2. recent visa approval document - Do I need to wait and submit the visa amendment approval for change of location from my current employer or the previous visa approval from my recent employer
>>> Previous H1B approval notice with the H1B amendment receipt for the new location will do.

Thanks for your reply.

Company B is transferring my visa under regular processing, I am planning to give my resignation after I get the receipt, what if the visa transfer approval has some issues after I join Company B, what would be the next step will I have to go back to india or can the company appeal again ?