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H1B transfer - Gap between resign date and start date

H1B transfer - Gap between resign date and start date

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Old May 8th 2007, 1:43 am
  #1  
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Joined: May 2007
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Torque is an unknown quantity at this point
Default H1B transfer - Gap between resign date and start date

I had a question on the H1B transfer process. One of my cousins left her previous employer and joined a new employer. However, when she left the previous employer, the new employer had not got the receipt from USCIS. So, she could not start work at the new employer location (Please note that the H1b transfer papers were already submitted to USCIS 2 weeks prior to her resignation with the previous employer). Since the receipt is taking unreasonably longer time this year, there is a gap of little over one week between her resignation date with the prev employer and join date of the new employer.

Is there a problem or is there any reasonable amount of time given by USCIS?

Much Appreciated
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Old May 8th 2007, 5:43 am
  #2  
Jozef
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Default Re: H1B transfer - Gap between resign date and start date

"Torque" <[email protected]> wrote in message
news:[email protected] m...
>
> I had a question on the H1B transfer process. One of my cousins left her
> previous employer and joined a new employer. However, when she left the
> previous employer, the new employer had not got the receipt from USCIS.
> So, she could not start work at the new employer location (Please note
> that the H1b transfer papers were already submitted to USCIS 2 weeks
> prior to her resignation with the previous employer). Since the receipt
> is taking unreasonably longer time this year, there is a gap of little
> over one week between her resignation date with the prev employer and
> join date of the new employer.

There is no need to wait for the receipt notice to arrive before starting
work with a new H-1B sponsor. It usually *is* a good idea though, in case
the petition gets lost in the mail for example, but that obviously didn't
happen in this case, so in retrospect, the wait was totally unnecessary!

Anyway, since your cousin was in valid H-1B status at the moment the H-1B
transfer was filed, this "gap" will not have any negative effect.


Jozef
 

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