H1-b transfer but not on payroll

[Garima Chandra]

Hi,

A big Indian company , now in US also, filed for my H1-b transfer and got approval. I am still not on there payroll. This means that the H1-b is not activated.

What if I don't join them? Will there be any complications? If I decide to join some other company and do my H1-b transfer to that will my visa transfer be rejected?
The company has still not provided me the approved visa papers. Will this be on any problem?

Please help.

[raghvi]

Hi,

A big Indian company , now in US also, filed for my H1-b transfer and got approval. I am still not on there payroll. This means that the H1-b is not activated.

What if I don't join them? Will there be any complications? If I decide to join some other company and do my H1-b transfer to that will my visa transfer be rejected?
The company has still not provided me the approved visa papers. Will this be on any problem?

Please help.

Whats your current status? On What visa did you enter US?

Did you receive your H1 approval with a new I-94? If yes, your H1 is already active and not getting paid makes you out of status. If you didnt receive an I-94 than your petition might have been approved as Consular processing and H1 will be active only when you leave US, get H1 stamped outside US and re enter US on your H1 OR when the H1 petition is amended to be COS instead of Consular Process.

Without H1 receipt notice or approval notice you cant transfer H1. Maybe thats why the "Big Indian Company" is not giving you the approval notice to prevent you from trying to transfer the H1.

This is my opinion not legal advice.

[Garima Chandra]

Whats your current status? On What visa did you enter US?

Did you receive your H1 approval with a new I-94? If yes, your H1 is already active and not getting paid makes you out of status. If you didnt receive an I-94 than your petition might have been approved as Consular processing and H1 will be active only when you leave US, get H1 stamped outside US and re enter US on your H1 OR when the H1 petition is amended to be COS instead of Consular Process.

Without H1 receipt notice or approval notice you cant transfer H1. Maybe thats why the "Big Indian Company" is not giving you the approval notice to prevent you from trying to transfer the H1.

This is my opinion not legal advice.

Currently I am on H1-b and getting paid legally. Company B filed for my visa transfer and got approval but I am still not on there payroll. What if I get a FTE position and don't join them? Will there be any problems when the FTE position file for my visa transfer ?

[raghvi]

In that case you can work with current employer as long as the current employer petition and I-94 are valid. No one can force you to join the next employer if you dont want to irrespective whether the transfer to the new employer is approved or not.

This is my opinion not legal advice.