H1B Transfer help needed - URGENT

[panidil]

I was working for Company A and got a new offer from Company B. Company B filed my H1B transfer case on 20th June 2015 using my pay stubs till June 15 on normal processing as there was a premium processing freeze in USCIS for 2 weeks. I resigned from Company A and joined Company B on 1st July 2015 upon getting the H1B receipt. In July first week I got a new offer from Company C that looked quite promising and they too initiated my H1B transfer on premium processing using my pay stubs till 30th June 2015 from company A. Now I have an approval on the case filed by Company C. Company B converted the transfer to Premium processing and is waiting for approval. Here are my questions.

1. Will I be considered out of status by any means?

2. If I join Company C by 17th August 2015 (1.5 months after resignation from Company A) what problems will happen in the long run?
I will be getting my pay stubs from Company B for this 1.5 months gap and mostly H1B approval notice too.

3. Would that affect my Green Card processing with Company C? I heard that GC processing needs experience letters from previous employers without break.
Can I manage that with the pay stubs from Company B?

4. For my Green card application, can I show Company B approval and pay stubs to prove that I was never out of status?

5. Last but not the least, Is it a wise idea to join Company C?


Hoping a reply soon!

thanks

[shervin143]

[QUOTE=panidil;426960]I was working for Company A and got a new offer from Company B. Company B filed my H1B transfer case on 20th June 2015 using my pay stubs till June 15 on normal processing as there was a premium processing freeze in USCIS for 2 weeks. I resigned from Company A and joined Company B on 1st July 2015 upon getting the H1B receipt. In July first week I got a new offer from Company C that looked quite promising and they too initiated my H1B transfer on premium processing using my pay stubs till 30th June 2015 from company A. Now I have an approval on the case filed by Company C. Company B converted the transfer to Premium processing and is waiting for approval. Here are my questions.

1. Will I be considered out of status by any means?
>>> No.

2. If I join Company C by 17th August 2015 (1.5 months after resignation from Company A) what problems will happen in the long run?
I will be getting my pay stubs from Company B for this 1.5 months gap and mostly H1B approval notice too.
>>> No issues as long as you get paid by employer B until that time you join Employer C. If you don't get paid, then you will go out of status on H1B for the period without pay slips.

3. Would that affect my Green Card processing with Company C? I heard that GC processing needs experience letters from previous employers without break.
Can I manage that with the pay stubs from Company B?
>>> Yes, you will need work experience letter from your previous employers while filing your GC. There are few alternatives in case you cannot provide the experience letter from the employer (Like notarized letter from the colleagues along with the job offer letter). Consult with your new employer's attorney regarding this. You can also consult a good immigration attorney on your own.

4. For my Green card application, can I show Company B approval and pay stubs to prove that I was never out of status?
>>> Yes. Out of status is not a problem in your case as long as your get paid from employer B until the time you join employer C.

5. Last but not the least, Is it a wise idea to join Company C?
>>> Why not? You are not breaking any H1B regulation in doing so.

[panidil]

Awesome! You are so good! Thanks much Shervin!

[panidil]

Awesome! You are so good! Thanks much Shervin!

Currently this is where I stand.

On the USCIS website, my case with Company C says "Approved" and it says the approval notice has been mailed.
Can I go ahead with leaving from current employer taking that in to consideration or should I wait for the approval notice to reach me?

My current employer B has not yet got the approval. Is it mandatory to have the approval notice for Employer B (from the H1B status and GC standpoint) before I leave and join Employer C? Can I just ignore the approval notice from B? ( I have receipt notice and payslips for employer B)

[shervin143]

On the USCIS website, my case with Company C says "Approved" and it says the approval notice has been mailed.
Can I go ahead with leaving from current employer taking that in to consideration or should I wait for the approval notice to reach me?
>>> You can join them based on the status on the case status tracking. But it is advisable to wait to get the approval notice in hand before joining. Just for the sake of arguing, what if the receipt number that you got from your employer is not yours. Even to avoid the least bit of chances like that, it is advisable to get the approval notice in hand first.

My current employer B has not yet got the approval. Is it mandatory to have the approval notice for Employer B (from the H1B status and GC standpoint) before I leave and join Employer C? Can I just ignore the approval notice from B? ( I have receipt notice and payslips for employer B)
>>> Since you have already started working for Company B, you will need a copy of their approval notice for future petitions with USCIS to be on the safer side. In case you leave now and the employer revokes the petition, then the time that you spent working for them will become unauthorized employment. Advisable to get employer B approval notice.

[panidil]

Thank you Shervin. Today Company C sent me an email stating that my H1B got approved till 7/30/2016 (i.e. for 1 year) and asking for my date of joining. Would this 1 year extension by any means affect my Green Card process that they have promised to start after 6 months of joining? What are the implications of H1B approval for 1 year ?

[shervin143]

How many years have you already used in your 6 year H1B CAP (H1B + L1 combined)?

Thank you Shervin. Today Company C sent me an email statingthat my H1B got approved till 7/30/2016 (i.e. for 1 year) and asking for my date of joining. Would this 1 year extension by any means affect my Green Card process that they have promised to start after 6 months of joining? What are the implications of H1B approval for 1 year ?

[panidil]

Less than an year. I came to the US on 25 Oct 2014.

[panidil]

They just called me and promised that GC will be initiated as soon as I join them (May be because of the 1yr approval). And asking to confirm Date of Joining. I'm waiting for the approval notice from Employer B as you have advised. What should I do if that gets delayed for long?

[shervin143]

Since you have used only 1 year in your H1B CAP, the employer can keep filing extensions until you max out all 6 years. Delay in filing the GC will have no impact since you are not in your 5th year of the H1B CAP. To extend your H1B post 6 years, your I-140 should be approved. You have enough time for that. You can join your new employer as soon as you get a copy of your approval notice. You can also join before getting the approval notice, but taking a look at the approval and making sure everything is okay there is always the best thing to do. If the petition is already approved, then it should take less than 2 weeks to reach the employer. If it is filed in premium, then the employer should have received a soft copy by email now.

[panidil]

Since you have used only 1 year in your H1B CAP, the employer can keep filing extensions until you max out all 6 years. Delay in filing the GC will have no impact since you are not in your 5th year of the H1B CAP. To extend your H1B post 6 years, your I-140 should be approved. You have enough time for that. You can join your new employer as soon as you get a copy of your approval notice. You can also join before getting the approval notice, but taking a look at the approval and making sure everything is okay there is always the best thing to do. If the petition is already approved, then it should take less than 2 weeks to reach the employer. If it is filed in premium, then the employer should have received a soft copy by email now.

Thank you Shervin. I'm still seeing the Employer B petition is under process on the USCIS case status page. I'm expecting a decision on this premium petition by next week. Will try to get the approval notice before I leave. If for some reason (due to pressure from Employer C), I resign from Employer B as soon as the case status is approved on the USCIS web site, there is least possibility that Employer B will send me the approval notice or an experience letter. I'm still a little concerned if that would affect the GC process (For not having approval notice or experience letter from Employer B for the last 2 months). I have got all the experience and relieving letter letters till 30 June 2015 (From all my previous employers).

[panidil]

Thank you Shervin. I'm still seeing the Employer B petition is under process on the USCIS case status page. I'm expecting a decision on this premium petition by next week. Will try to get the approval notice before I leave. If for some reason (due to pressure from Employer C), I resign from Employer B as soon as the case status is approved on the USCIS web site, there is least possibility that Employer B will send me the approval notice or an experience letter. I'm still a little concerned if that would affect the GC process (For not having approval notice or experience letter from Employer B for the last 2 months). I have got all the experience and relieving letter letters till 30 June 2015 (From all my previous employers).

My case got approved today. Woohoo!

[panidil]

I have received both H1B approvals in hand. Interestingly company C (bigger company) has got 1 yr approval and company B ( Current employer) has got 3 year approval with extension. Does this by anyway pose a threat to future approvals and PERM approvals through company C? Did USCIS make a discretion based on my current situation by any means? Please throw some light!!

[shervin143]

No. It looks like Company C could show work only for 1 year. They can keep extending the petition. This has no impact to GC process.

I have received both H1B approvals in hand. Interestingly company C (bigger company) has got 1 yr approval and company B ( Current employer) has got 3 year approval with extension. Does this by anyway pose a threat to future approvals and PERM approvals through company C? Did USCIS make a discretion based on my current situation by any means? Please throw some light!!