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  • H1b transfer , receipt received

    Hi All,

    Here is my question.
    I was working for employer A.I left employer A on Nov 15 , I received my last paycheck from employer on Nov 22, 2007.
    I know my employer A did not revoke / cancel my H1b.

    I accepted offer from employer B on Nov 20.I came in communication with employer B lawyers on Nov 23.I am based in one state and work
    in another state.Lawyer got all the documents from me on Nov 25,Then she said , we will have to get prevailing wages from two states , and she
    send the request for them.We received prevailing wages from states on Dec 11.Then she sent my H1b transfer petetion to USCIS on Dec 14.I received
    the receipt from USCIS on Dec 18.

    Will my H1b get transferred , or will I have any issues.

    Thanks,
    Pandu

  • #2
    Hi All,

    Here is my question.
    I was working for employer A.I left employer A on Nov 15 , I received my last paycheck from employer on Nov 22, 2007.
    I know my employer A did not revoke / cancel my H1b.

    I accepted offer from employer B on Nov 20.I came in communication with employer B lawyers on Nov 23.I am based in one state and work
    in another state.Lawyer got all the documents from me on Nov 25,Then she said , we will have to get prevailing wages from two states , and she
    send the request for them.We received prevailing wages from states on Dec 11.Then she sent my H1b transfer petetion to USCIS on Dec 14.I received
    the receipt from USCIS on Dec 18.

    Will my H1b get transferred , or will I have any issues.

    Thanks,
    Pandu

    Comment


    • #3
      Please read back my opinion that I have given you on November 28, 2007 regarding your H-1B portability situation - that part about AC21 Act of 2000. (Don't start a new thread for continuity).

      Comment


      • #4
        Thanks for information rough neighbour.In the comments you made in my post , Nov 28 .You did not talk about days or dates.

        But , Thank you for information.

        Comment


        • #5
          This was how I said it on November 28 (with insertions now as you requested):

          ... All immigration practitioners follow AC21 Act of 2000 that states in part thus: "a nonimmigrant alien (you)... who was previously issued a visa or otherwise provided nonimmigrant (H-1B) status (under your Employer A whom you left on November 15)... is authorized to accept new employment upon the filing by the prospective employer (your Employer B) of a new petition on behalf of such nonimmigrant (filed on December 14, as you said)...", where "filing," I think, means that the new petition has been "receipted" by the USCIS.

          So if you would follow the regulations strictly, you should start lawfully working for your new employer (Employer B) only after receiving the "Notice of Action" or Receipt Notice of the new Form I-129 petition (which you said you received on December 18).


          In my opinion, granting that the new I-129 petition filed by Employer B on your behalf would be approved, which is very likely, you would have maintained your status lawfully and without any hitch.

          Comment

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