Tweet
I am currently working with company A and my H-1B visa is expiring on September 30th, 2014. My company has filed an extension and I have the receipt notice (I-797C, Notice of Action) with me. However I have an offer from company B who is ready to file my H1-B transfer in premium category and is asking me to join them in one week from the day I receive the receipt notice for H-1B transfer. However I am afraid that my current company will withdraw my petition/extension on my last day with them.
The question I have is
i.) If I join company B before I receive an approval on transfer petition and company A withdraws my petition (they will most likely do it on my last day with them), does that makes me illegal, as I don’t have a valid visa?
ii.) Does receipt notice from company B alone is sufficient to legally allow me to stay and work for company B, even though my current petition/extension is withdrawn and transfer petition is yet to be approved?
Any help from a legal expert is highly appreciated. Thanks in advance.
The question I have is
i.) If I join company B before I receive an approval on transfer petition and company A withdraws my petition (they will most likely do it on my last day with them), does that makes me illegal, as I don’t have a valid visa?
ii.) Does receipt notice from company B alone is sufficient to legally allow me to stay and work for company B, even though my current petition/extension is withdrawn and transfer petition is yet to be approved?
Any help from a legal expert is highly appreciated. Thanks in advance.
