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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10896
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I recently undergone H1- Transfer. And it was approved. And

Customer Question

Hi,
I recently undergone H1-B Transfer. And it was approved.
And i joined in my new company.
After joining they gave me the I-797 Approval Notice.
In that it was mentioned that start date is July-11-2017. But the company overlooked and asked me to join on June 27 and i joined. After joining i noticed it and updated the same to them.
If i continue will there be any issue. Starting prior to start.
And my previous (old) H1-B is valid till Mar 2018.
Please kindly let me know, if i continue working what issues it might result into?
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Expert James replied 5 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a conversation. We will talk back and forth until I have all the information I need from you, and you will respond until you have all the information you need. Once you've received the information you need, you will thank me by giving me a a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

2017? Or 2016?

Expert:  Expert James replied 5 months ago.

Hi there,

Since you did not respond to my request for additional clarification, I can only answer it with the information you provided me.

Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

QUESTION: Please kindly let me know, if i continue working what issues it might result into?

ANSWER: Again this answer is based on your question, which says July 2017.

If the I-94 for the transfer was issued with a start date of July 2017, and it is only June 2016, then working with the new employer is considered unauthorized employment. That is a problem.

Yes, if the extension is filed for immediate change of employer and you received a receipt notice, you can start with the new employer. However in this case, you say that the I-94 was issued for a start date in 2017, so it is not an immediate change of employer. Therefore, working for that employer is not permitted.

Now, if you requested an immediate change of employer and you started working with the employer upon receipt of the Receipt Notice, and then the approval came and it shows a date in the future, then you are OK.

So basically, it all depends on the original request for change of employer.

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

And if you want to talk on the phone for 30 minutes, I can send you an offer for that.

Once you have received an answer, please leave a positive rating by choosing on the 3, 4 or 5 stars so I get credit for doing my job.

A BONUS is also appreciated, if you feel I've earned it.

And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 5 months ago.
Hi James,There is a typo. It's not 2017 it is 2016 July
Herez the start and end dates of new petition . The validity period of the H-1B is 7/11/2016-7/10/2019.
But i started on June 27th. Will this be an issue? Since the petition is approved. The employer asked me to start on June 27th. Therefore i started. If i start prior to the H1B Start date will this be an issue? If so what are the issues?Question:2
---------------If my old employer revoked H1-B than will it create any issue even if i join in the new company?Question 3
---------------
Since i served the time from June 1 to June 25th with my old employer and he will run a payroll for the period June 1 to June 30 and the new employer will run a paroll from June 27 th June 30. Will the two pay rolls with date ending as June 30 will create any issue? Please clarify
Expert:  Expert James replied 5 months ago.

What were the requested start dates?

Customer: replied 5 months ago.
Requested Start date mentioned in the petition is July 11 2016. But started in June 27.
Please clarify the questions mentioned in the previous thread
Expert:  Expert James replied 5 months ago.

Sir/Madam,

I understand your questions. But I could not answer them fully until I had all of the information I needed. I have that now.

During this process, please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. So please do not give me a negative rating for a answer you did not expect or like. Thank you for your understanding.

Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

QUESTION: Will this be an issue? Since the petition is approved. The employer asked me to start on June 27th. Therefore i started. If i start prior to the H1B Start date will this be an issue? If so what are the issues?

ANSWER: Yes, this is an issue. You started working with a new employer without permission to do so. And you are continuing to do so now. That is engaging in unauthorized employment. I suggest you cease doing so now.

QUESTION: If my old employer revoked H1-B than will it create any issue even if i join in the new company?

ANSWER: It depends on when. If they revoked it before the start date of the new employment, then you have a gap in status. If this is discovered, that is a problem because you did not have valid status from which to change employers (note, there is no such things as an H1B transfer in the law; technically, it is called an extension of status).

QUESTION: Since i served the time from June 1 to June 25th with my old employer and he will run a payroll for the period June 1 to June 30 and the new employer will run a payroll from June 27th June 30. Will the two pay rolls with date ending as June 30 will create any issue?

ANSWER: Yes, as it shows you were working with one employer without authorization to do so.

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

And if you want to talk on the phone for 30 minutes, I can send you an offer for that.

Once you have received an answer, please leave a positive rating by choosing on the 3, 4 or 5 stars so I get credit for doing my job.

A BONUS is also appreciated, if you feel I've earned it.

And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

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