J. J. Farrell

I'm transferring my H1-B to a new employer. The petition has been sent to the INS but
the receipt has not yet been received. My old employer is closing down. My new
employer doesn't want me to start until the receipt arrives.

What is my situation if my old employer lays me off before the receipt arrives? Do I
go out of status at that point? What should I do if this happens, or is there
anything I can do now to prevent problems?

The H1-B transfer provisions require that the petition has been "filed". I understand
that "filed" is not well defined. Most lawyers seem to be advising waiting for the
receipt to confirm filing, but I've heard of others saying that it is filed as soon
as it has been received by the INS. What's the latest thinking on this? Is it correct
that the receipt will bear the date that the petition was physically received by the
INS rather than the date they got round to opening the envelope?

lkjkjkj

If you have a fedex reciept or USPS tracking ID confirming that INS has recieved your
application, you are OK, that is your proof of timely filing of petition, however you
can not start working until employer recieves a receipt notice from INS.

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IMLAWFool

"Filing" means: when the Service has received your file and they have accepted it as
a proper filing. It is not filed until the Service has received it and generated a
receipt notice. A mere FedEx confirmation does not satisfy the requirement because
the Service may reject the petition based on numerous reasons. In the event that it
were rejected, you may be considered out of status if not still working with the old
employer. It is unclear how the Service is going to interpret some of the new laws
pertaining to portability.

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