I have submitted my resignation while my LCA is progressing. Let me explain the situation with dates.
Employer A - Last working day - 03 Mar 2017. Visa Validity - August 2018.
Employer B - Filed LCA and Certified on 02 Mar 2017, Team are in progress in sending my documents. Waiting for UPS/FedEx receipt number. Joining date with Employer B is 14 Mar 2017.
So, Is this acceptable with out any pay slip between 04 Mar 2017 to 13 Mar 2017. Please advise.
You cannot port to a new employer until that employer files the I-129H and it is accepted and fee'd in at USCIS.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Hopefully USCIS will not find any issue with it.
Note that unless you are a citizen of India (or one of its lesser neighbors) you are not required to attach any "pay slips" (I never attach for non-Indian clients and nor are ever asked..)
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
There is no transfer until USCIS has received the new H1B petition at the earliest. Contact the company's US immigration attorney for immediate assistance.
You may file and go to the new employer. By filing you must have your new employer's petition accepted and fee'd in by the USCIS.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
You should be fine pursuant to the 60-day grace period newly allowed.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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