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lahuja1
01-24-2011, 12:43 PM
Hi,

I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.

My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:

HRPRO
01-24-2011, 03:37 PM
When was the LCA filed?

lahuja1
01-24-2011, 04:39 PM
The LCA was only filed last week (01/18)...

hibworker
01-24-2011, 04:51 PM
Hi,

I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.

My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:

Technically, yes you will be out of status starting 02/01 until H1B petition from your new employer is received by USCIS. Yes you should leave the country as from Feb 1 you will start accumulating unauthorized presence which might adversely impact your Green Card and other future petitions including the pending H1-B.

Practically if H1-B is filed within a week or so after 1/31 then it is up to you if you'll like to take a chance by staying in the country.

HRPRO
01-24-2011, 04:59 PM
If the LCA was filed on 1/18, it should be approved by 1/25 (Now-a-days it takes a week). Have your attorneys expedite the process once they get it and file it before your last day. You should be good.

If you still have a good relationship with your current employer, try to extend your last day by a week (just as plan B)