Resign from company during H1B transfer under process. Need Advise

[Aniket8]

Hello,

I am working for company A on H1-B visa. Recently I got offer from company B which I accepted and company B is willing to transfer my H1-B visa. But meanwhile I lost my ( I have passport photocopies, I-797 and all the other documents). I have also applied for new passport in Indian consulate and it will take 3-4 weeks.

Company B is filing my H1-B transfer in premium processing by saying that I lost my passport and applied for new one. It usually takes 15 days to get result in premium processing.

1) Considering my scenario should I wait for my H1B trasfer to get approved before leaving/ resigning company A?? or 2) is it OK to resign from company A while H1-B transfer under process?

3) If I resign company A while my H1B transfer (premium processing) is in progress will I be in some risk of going out of status if my transfer gets delayed from USCIS or get RFE from USCIS about my passport?

Please advise me on this...

Thanks,
Aniket

[kabkaba]

I would advise waiting until you get your passport to file the petition itself. If B has received advice from their lawyers that petition can be filed without the passport copy, they can go ahead, but I would not join B until I have approval notice with extension of status (new I-94) in hand.
If the petition is denied or approved without I-94, and you have joined B at that point you risk being out of status.

Also, get a copy of your I-94 from the following website and submit it with the petition. (I assume you have lost your I-94 also)

[Aniket8]

Thanks kabkaba! Yes! employer B has received advice from lawyers and already filed labor and it got approved and they are filing my H1B transfer (premium processing) in a day or two.
My only issue is they have asked me to resign from my company (give 2 weeks notice period) and join in couple of weeks. Most likely I will get decision from USCIS within these 2 weeks.

Can you please tell me in what circumstances H1B is denied or approved without I-94? (I have submitted all the required documents necessary for H1B transfer along with copies of all my previous and current I-797. Also I have sent photo copies of my lost passport and stamped visa pages. Moreover I have submitted police report of my lost passport and receipt of newly applied passport from Indian consulate.)

Thanks,
Aniket

[kabkaba]

If USCIS feels that you are not maintaining your status because of the lost passport or lost I-94, they may approve without I-94. If you are submitting all those documents, it seems unlikely, but just be aware of the risks.

[Aniket8]

If USCIS feels that you are not maintaining your status because of the lost passport or lost I-94, they may approve without I-94. If you are submitting all those documents, it seems unlikely, but just be aware of the risks.

Thank you so much @kabkaba.
I will try not to resign my current employer (A) untill I get H1B transfer approval with extension of status (new I-94) from USCIS. Considering the situation, Hopefully I can request employer B to wait for couple of weeks to join until I get transfer approved.

Regards,
Amit

[harodes]

Lost my I-94 and new company is asking me for H1- transfer docs

Hi guys,

I am working for an MNC in US for 2 years. Recently I got a new job and realized today that my I-94 is lost. I have all other documents for my H1 transfer. Now I have following 3 questions -

1. Can my H1-B transfer get rejected because of missing I-94 in the list of documents? Should I report this loss of I-94 to local county police?

2. I have to travel to UK in about a month for 15 days (with regard to business trip with my CURRENT company). Will I face any problem while getting the UK visa or while leaving/entering US in case I get UK visa?

3. My FUTURE employer will file H1 transfer in about a week from now (with premium processing). In case I get "Request For Evidence" on my H1 transfer and I am not in US at that time, can I safely enter US (since I will be having the approved H1 visa from my CURRENT employer)?

Thanks in advance!