Please Help: Urgent: H1B transfer premium processing question

[chaits1986]

Hi,

I currently have a I797B with my present employer B. Previously I had a I797A with a diff employer A.

I got the I797B because, I had resigned earlier than my docs got submitted to DOL. Then my current company had to do a consular processing to get me the visa. I had a total of maybe a week when I had resigned from A and B had not yet filed my case.

Now, I have a offer from another company C who is filing H1B transfer under premium processing. The LCA package was sent to DOL on July 31, 2013; but I still have no receipt (Aug 6, 2013)

I am very worried if my out of status past and my I797B are causing a delay. Please any help/info reg this is highly appreciated.

Krishna

[chaits1986]

Please Help: Urgent: H1B transfer premium processing question

Please anyone. Urgent help needed.

[sbei84]

Hi,

I currently have a I797B with my present employer B. Previously I had a I797A with a diff employer A.

I got the I797B because, I had resigned earlier than my docs got submitted to DOL. Then my current company had to do a consular processing to get me the visa. I had a total of maybe a week when I had resigned from A and B had not yet filed my case.

Now, I have a offer from another company C who is filing H1B transfer under premium processing. The LCA package was sent to DOL on July 31, 2013; but I still have no receipt (Aug 6, 2013)

I am very worried if my out of status past and my I797B are causing a delay. Please any help/info reg this is highly appreciated.

Krishna

1. Resigning prior to receiving H1-B receipt notice is bad. Your company's paralegal would have advised you on the same.
2. Filing for LCA has nothing to do with H1-B, they are completely two different departments. Said that, LCA is needed in order to file H1-B. You need to wait until receiving H1-B receipt.
3. Counselor processing is not bad either. I know many of my friends who had to go through counselor processing, and have their H1-B now. Just make sure you take all the documents, and be genuine to the visa counselor in your home country.
4. Past out-of-status could affect but as i said you might again get only 797B if approved.

[kabkaba]

Did you travel out or otherwise eventually obtain a proper I-94 corresponding to B?

If not you are still out of status and C's petition will also likely be approved without an I-94.