QUESTION
should a receipt # be generated or is it enough if the petition is filed within the 60 day window to be considered in status.
Asked on Dec 18th, 2020 on Immigration - Florida
More details to this question:
November 13th. I now have a new employer B willing to transfer my Visa. They are filing LCA on Dec 21st .My questions are, 1.My 60 day grace period ends on Jan 13th. 2.should a receipt # be generated or is it enough if the petition is filed within the 60 day window to be considered in status.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
It is sufficient that a petition be filed within the 60 day grace period for an H-1B transfer. A receipt is not required as long as the petition is properly filed and not rejected for any errors. I note that USCIS has been giving warning that its issuance of receipts is delayed. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 13th, 2021 at 11:16 AM