H1B Transfer in Regular Processing

[Rythm09]

Hi All,

I am currently employed with company A and working for client company B.
Company B had made a contract-to-hire agreement with my employer three months back and now they want to hire me fulltime. Due to some communication gap,my employer already knows that Company B would hire me soon but he was fine with that.Now company B has filed H1 Transfer in regular processing and got a receipt notice on March 1st.
They are now asking me to join and dont want to wait for another two months for final approval.
If I resign from current employer and join them by March end,my current employer will revoke my existing H1B.
My questions are :

1.What is the current trend of approvals for petitions filed in March?Can it get delayed more because the new H1 season will open in April?
2.Can I give formal regination notice to my current employer just couple of days before I join the company B ..(since he already knows that I would join company B).
3.If I choose to give 15 days formal notice and they send the revokation request sometime next week..how long does it take for the H1 cancellation?
4.I have submitted 2 paystubs for H1 transfer out of which the second paystub is less than the LCA amount because I took some holidays.The legal team of company B said it wont be a problem as long as your annual salary is not less than the LCA amount...can this be a problem for my H1 transfer??
5.I have clean education and work record..have submitted all other documents required.Company B is a big MNC and also has a very high success rate in H1s and GC's. What are the chances of getting approval?
6.If in worst case my petition gets denied and current H1 also revoked ..what will I have to do then?..Can company B file another petition again?..They have assured me that once I am an employee they will take care of my status and visa stuff.
Can I really take this risk??

Please folks ..help me in taking this decision...

Thanks.

[kabkaba]

Hi All,

I am currently employed with company A and working for client company B.
Company B had made a contract-to-hire agreement with my employer three months back and now they want to hire me fulltime. Due to some communication gap,my employer already knows that Company B would hire me soon but he was fine with that.Now company B has filed H1 Transfer in regular processing and got a receipt notice on March 1st.
They are now asking me to join and dont want to wait for another two months for final approval.
If I resign from current employer and join them by March end,my current employer will revoke my existing H1B.
My questions are :

1.What is the current trend of approvals for petitions filed in March?Can it get delayed more because the new H1 season will open in April? --not likely
2.Can I give formal regination notice to my current employer just couple of days before I join the company B ..(since he already knows that I would join company B). --no problem
3.If I choose to give 15 days formal notice and they send the revokation request sometime next week..how long does it take for the H1 cancellation? -- It will make no difference to you.
4.I have submitted 2 paystubs for H1 transfer out of which the second paystub is less than the LCA amount because I took some holidays.The legal team of company B said it wont be a problem as long as your annual salary is not less than the LCA amount...can this be a problem for my H1 transfer?? -- Depends on how deeply they look into it. Unpaid leaves for non-genuine reasons make you out of status.
5.I have clean education and work record..have submitted all other documents required.Company B is a big MNC and also has a very high success rate in H1s and GC's. What are the chances of getting approval? --Chances are high.
6.If in worst case my petition gets denied and current H1 also revoked ..what will I have to do then?..Can company B file another petition again?..They have assured me that once I am an employee they will take care of my status and visa stuff. -- They can try to file another petition, but you will be out of status and the petition cannot include extension of status.
Can I really take this risk?? -- It seems fine to me. The risks are small.

Please folks ..help me in taking this decision...

Thanks.

See above.

[Rythm09]

Dear Kabkaba,

Thanks for answering my questions.
Regarding point no 4 , I still have some concerns...My annual wages as in LCA is 60K and my employer paid me 5K in Dec.Since I work on hourly basis,in January he paid me just 2500 but the payroll period is complete from 1st Jan - 31st Jan.
Is this still an issue?? Will I still be considered as out of status?

PS : I actually took 2 days leaves (sick out) and since he wants to earn maximum profit before I leave, he paid me less.

Also in worst case if I get an RFE for this paystub issue , I have 5K paystub of February so can it be submitted in response to the RFE?

Thanks in advance for your help.

[Rythm09]

Dear Kabkaba,

Thanks for answering my questions.
Regarding point no 4 , I still have some concerns...My annual wages as in LCA is 60K and my employer paid me 5K in Dec.Since I work on hourly basis,in January he paid me just 2500 but the payroll period is complete from 1st Jan - 31st Jan.
Is this still an issue?? Will I still be considered as out of status?

PS : I actually took 2 days leaves (sick out) and since he wants to earn maximum profit before I leave, he paid me less.

Also in worst case if I get an RFE for this paystub issue , I have 5K paystub of February so can it be submitted in response to the RFE?

Thanks in advance for your help.

Guys.Kindly answer my questions.Appreciate any help.

Thanks.

[Rythm09]

Guys.Kindly answer my questions.Appreciate any help.

Thanks.

Dear Senior members...kindly answer my question.

Thanks.

[happybuddha]

Dear Senior members...kindly answer my question.

Thanks.

How can 50% of your salary be cut for 2 days of leave ?

Was your H1B and LCA ammended to work less than 40 hours a week in January ?
If not, you will get in trouble if the USCIS takes deep interest in your transfer application.
What else can you do but wait and watch what happens with the transfer application. Your current employer sill is your petitioner, right ?
If everything is genuine in your part you can complain to the DOL for the pay cut in Jan.