Legal Question in Immigration Law in New York

H1 transfer

Hi!

I have applied for h1 transfer, from Company A to Company B. I already have a client offer for a contract position and I have passed the background check at the client end. I applied on the 1st March, 2007 thru premium processing. I am waiting for the receipt to come.

Does anybody know how long does it take for the EAC number to come, for premium processing? How long does it take for the petition to come? Is there any way to contact USCIS to get information?

can I join the new employer and the client, without having the EAC number?

I have been working in the US for the past 1 year. There is no break in my career, in the US. I have submitted the following documents:

Copy of all educational certificates.

Copy of all experience letters.

Education approval, that i received, when i applied for H1 the first time.

I-797.

I-94 xerox.

Passport and visa xerox.

copy of three months payslip.

copy of SSN.

In addition, my employer has signed all the necessary forms and the application has been forwarded through an attorney. Do you think i would get any RFE?

Sorry too many questions. However, I am really nervous.

Thanks for all the help!


Asked on 3/06/07, 8:16 pm

1 Answer from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: H1 transfer

You can call the Premium Processing telephone number at 8663155718 but without having the receipt number you won't get far. As you probably know, USCIS is required to get back to your employer within 15 days; receipt numbers can sometimes take almost this long to be generated and mailed. Your employer's attorney probably has a receipt for delivery, though, which would help proving that the filing was made if USCIS loses paperwork. However, the employer normally controls the visa processing and is unlikely to want you to start your new employment until the receipt number was generated. Until your employer actually gets an RFE, I would not be too worried.

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Answered on 3/07/07, 12:42 am


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