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  • H1B transfer delay

    i have a valid H1B from Company A. i have resigned from Company A and my last working day is on Nov 15th 2013. after Nov 15th i started searched for a new job and i got an employer, he is ready to file my H1B transfer. To get this new job took 15 days for me for this 15 days i don't have any employer and i don't have pay stub. is this legal i can stay without any employer for this 15 days and will i get any RFE for this 15 days explanation if yes what would be the best explanation i can give to USCIS.

    Please advice

  • #2
    Originally posted by sowjanya.koka View Post
    i have a valid H1B from Company A. i have resigned from Company A and my last working day is on Nov 15th 2013. after Nov 15th i started searched for a new job and i got an employer, he is ready to file my H1B transfer. To get this new job took 15 days for me for this 15 days i don't have any employer and i don't have pay stub. is this legal i can stay without any employer for this 15 days and will i get any RFE for this 15 days explanation if yes what would be the best explanation i can give to USCIS.

    Please advice
    As mentioned in another post on similar lines by Kabkaba earlier, you were out of status for those 15 days. What you did was not correct and I doubt USCIS will get convinced with any explanation you give them. They may take a lenient approach and ignore, but if they have asked proof for those 15 Days and salary then am afraid they may eventually in best case approve the transfer as Consular process wherein you would need to leave US and re enter. Worst case they can deny the transfer.

    This is my opinion not legal advice.

    Comment


    • #3
      What happened finally with your situation ?

      What happened finally with your situation ?
      I am almost in same situation with new employer who did not file h1b transfer before last date of previous employer due to their own formalities

      I would like to know how the process went at your case, your response would be of more help to me in my current situation

      Comment


      • #4
        Originally posted by balajimcat View Post
        What happened finally with your situation ?
        I am almost in same situation with new employer who did not file h1b transfer before last date of previous employer due to their own formalities

        I would like to know how the process went at your case, your response would be of more help to me in my current situation
        what happened in your case?
        your h1b transfer approved ?

        Comment

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