How long it will take to get the receipt number for an H1B transfer?

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How long it will take to get the receipt number for an H1B transfer?

My last day in present company is 5/14 and the new employer has not yet filed the H1b transfer. Can I legally stay in U.S?

Asked on May 6, 2014 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should be all right as long as the transfer petition is submitted very quickly so that there is no more than about 2-3 weeks between the last paycheck stub and the filing date.  You might still be questioned about it and it may still not be approved as a transfer petition if the USCIS is reviewing this technically speaking, but practically speaking a couple of weeks in between will not impact the transfer.


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