txh1b - Please help

[pmukundan]

Here is the first post link:

http://www.immihelp.com/forum/showthread.php?t=45389

Please help. I have decided to Transfer my H1 to the L2 Employer.

1. L2 Employer says, I can start working for them the day they file the H1-B Transfer petition? Is this True? Is it Legally permitted without any paystub or employment confirmation letter from my current H1-B employer?

2. If in case he files it and I dont get a reply from USCIS for nearly 4 to 5 months, what will be my status? Will I be out of status in any way? And after 5 months my case gets rejected, and I am still in US without a job, then I can't go to my Original H1-B employer too right? Please clarify.

3. If in case my H1-B Transfer is Denied, then also can I start working normally with my current H1-B Employer?

4. If in case, I have to go out of the country to get I-94, What type of questions are expected in the Port of Entry? Will there be any problem in Port of Entry? If in case there is a problem in Port of Entry will they send me back to india, or can i enter US?

5. How risky is the whole process? Is it a good decision to Transfer it? Staying with my current employer is also completely ok for me.

[pmukundan]

Here is an update to my case. My L2 Employer says he is not applying for Transfer of H1-B. He is applying for a fresh petition with my H1-B cap I got last year. (dont know whether i have understood his sentence correctly).

So, he says he doesnt need my Current H1-B Employer's Employment Confirmation Letter or latest pay stubs from him. L2 Employer is asking me not to work for a week's time and by that time he says he will do the prepare work and apply for me. When USCIS says they have received the petition, I can start working for them.

Is this true?
Can I go for this?

This L2 employer is one of the biggest american staffing/outsourcing company.

What are the chances of getting it through with a Premium Processing. How long will it take? Currently I heard even premium processing are taking more time to process like 3 months. Is this true?


someone Please respond !!

[txh1b]

1. New employer can file EOS from current status to new H1b. You cannot work until the EOS is approved using AC21 as the rules require that you have maintained proper H1b status which means getting paid as well..

2. You can stay in US on a pending application for EOS provided it was filed before your current I-94 expired. If denied, you would have accumulated unauthorized stay past your I-94 expiry.

3. If denied, you can work for current H1b employer.

4. You need a H1b stamp before you can enter. Normal POE questions.

5. Your EOS approval is not guranteed but depends on your luck. You have to go for PP.

I did not see any new questions. You keep repeating the same stuff that has been answered earlier.