Transfer of existing H1B to new employer - different scenario

[kumaruser]

Am holding an H1B visa with company B which is effective from 01Nov2013. Even then I was in a situation to serve till Dec last 2013 with Company A (who was holding my L1 visa) for which I have paystubs.

Now I got an offer now with company C who is ready to do H1B transfer or filing a new H1. But I don't have any paystubs with H1 to show for past months.

1) Will new H1B filing work with L1 paystubs ?
2) Will I get my new H1B approved with this documentation?
3) What if my new H1B gets denied?
4 ) Is there any chance of getting new H1B petition approved and no I-94, for which I will be pushed to go for H1B visa filing?

Expecting responses as it is quite urgent for me to decide. Thanks in advance

[raghvi]

Am holding an H1B visa with company B which is effective from 01Nov2013. Even then I was in a situation to serve till Dec last 2013 with Company A (who was holding my L1 visa) for which I have paystubs.

Now I got an offer now with company C who is ready to do H1B transfer or filing a new H1. But I don't have any paystubs with H1 to show for past months.

1) Will new H1B filing work with L1 paystubs ?
2) Will I get my new H1B approved with this documentation?
3) What if my new H1B gets denied?
4 ) Is there any chance of getting new H1B petition approved and no I-94, for which I will be pushed to go for H1B visa filing?

Expecting responses as it is quite urgent for me to decide. Thanks in advance

Was L1 from A to H1 for Company B done as COS or Consular process? If it was COS then any employment with L1 employer post COS was illegal; notice period or not, paystubs or not. If A to B was COS you are out of status already.

1. Yes only if L1 to Company B's H1 was approved as consular process.
2. See previous answer. Plus depends upon C's ability to sponsor and provide work for you.
3. If A to B was COS then you already are out of status.
4. Yes if A to B was a COS.

This is my opinion not legal advice.

[kumaruser]

Was L1 from A to H1 for Company B done as COS or Consular process? If it was COS then any employment with L1 employer post COS was illegal; notice period or not, paystubs or not. If A to B was COS you are out of status already.

1. Yes only if L1 to Company B's H1 was approved as consular process.
2. See previous answer. Plus depends upon C's ability to sponsor and provide work for you.
3. If A to B was COS then you already are out of status.
4. Yes if A to B was a COS.

This is my opinion not legal advice.

Yes it was COS. Do you see any options?

[raghvi]

Yes it was COS. Do you see any options?

Leave US and re enter on valid stamped L1 or H1.

This is my opinion not legal advice.