Transfer of H1-B based on receipt notice from previous employer

[maximus777]

I would greatly appreciate if one of the lawyers on this forum to answer this question. To briefly outline my situation, I got laid off from my job (employer A) in early April and in a rush to keep my H1-B in valid status I switched to a small IT firm (employer B). I changed jobs from employers A to B and applied for a H1-B transfer in late April, but have not received the receipt notice yet due to the USCIS processing delay as mentioned in the following article:

USCIS - Temporary Delay in Issuance of I-129 Receipt Notices

IT is not my area of interest and hence kept my job search active. In the mean time, I have received another offer from a different employer C which I am planning to take since it exactly matches my interests/specialization with a tentative joining date in the late June - early July time frame. My last pay check was in April from employer A, and due to the USCIS receipt notice delay I am not able to start work with employer B and have no pay check for May or June. I have a 2 part question here:

1. Would it be possible to start a H1-B visa transfer with employer C using the April pay check and I-797 from company A?

2. In a slightly better scenario, if I were to receive the receipt notice for the H1-B transfer to employer B in the near future, would I be able apply for another transfer to employer C using just the receipt notice?

Thank you again and would greatly appreciate any inputs that the lawyers here may have.

[maximus777]

Would greatly appreciate any responses here. Thanks!

[njverifier]

Originally Posted by maximus777

Would greatly appreciate any responses here. Thanks!

If you want answers from attorney goto Avvo.com - Expert Advice When You Need It Most

Your questions will be answered by registered practitioners. After getting answers to your questions come back and thank me. Just kidding... the above site is very good.

[njverifier]

Originally Posted by njverifier

If you want answers from attorney goto Avvo.com - Expert Advice When You Need It Most

Your questions will be answered by registered practitioners. After getting answers to your questions come back and thank me. Just kidding... the above site is very good.

Forgot to tell you it is free of cost...

[njverifier]

Originally Posted by maximus777

I would greatly appreciate if one of the lawyers on this forum to answer this question. To briefly outline my situation, I got laid off from my job (employer A) in early April and in a rush to keep my H1-B in valid status I switched to a small IT firm (employer B). I changed jobs from employers A to B and applied for a H1-B transfer in late April, but have not received the receipt notice yet due to the USCIS processing delay as mentioned in the following article:

USCIS - Temporary Delay in Issuance of I-129 Receipt Notices

IT is not my area of interest and hence kept my job search active. In the mean time, I have received another offer from a different employer C which I am planning to take since it exactly matches my interests/specialization with a tentative joining date in the late June - early July time frame. My last pay check was in April from employer A, and due to the USCIS receipt notice delay I am not able to start work with employer B and have no pay check for May or June. I have a 2 part question here:

1. Would it be possible to start a H1-B visa transfer with employer C using the April pay check and I-797 from company A?

2. In a slightly better scenario, if I were to receive the receipt notice for the H1-B transfer to employer B in the near future, would I be able apply for another transfer to employer C using just the receipt notice?

Thank you again and would greatly appreciate any inputs that the lawyers here may have.

My suggestion would be to upgrade your petition to premium processing, you will get to know the result in 10 business days. BTW, if your question is answered in AVVO do post it here for information sake...