Payroll Issue while H1 Transfer RFE

[anand_virgo]

Hi Friends,
I am in a situation where I don't know what is legal and so need help.

I was with an Employer A since Feb 2012 on H1B visa.
I planned to go to employer B with new client and they took me from 1st July 2014. They filed H1 transfer for me in Jun last week.
Last week I got RFE on H1 Visa.

Now the Qs is, can they generate payroll for me for Jul month even in case when H1 is still not transferred to them but in process?
If this is legal then it is fine. If it is not legal then do I need to wait until my visa gets transferred and get all the amount in one payroll.
What will happen if my H1 transfer will be rejected?

If anybody has gone with such situation or have any information regarding this then please let me know.

Thanks,

[raghvi]

Hi Friends,
I am in a situation where I don't know what is legal and so need help.

I was with an Employer A since Feb 2012 on H1B visa.
I planned to go to employer B with new client and they took me from 1st July 2014. They filed H1 transfer for me in Jun last week.
Last week I got RFE on H1 Visa.

Now the Qs is, can they generate payroll for me for Jul month even in case when H1 is still not transferred to them but in process?
If this is legal then it is fine. If it is not legal then do I need to wait until my visa gets transferred and get all the amount in one payroll.
What will happen if my H1 transfer will be rejected?

If anybody has gone with such situation or have any information regarding this then please let me know.

Thanks,

This is the reason why it is never advisable to join the new employer without first getting the USCIS approval of the new petition.

There is nothing stopping employer B running a payroll as technically their transfer petition is still pending but if your transfer is rejected you go out of status and would have to leave US.

This is my opinion not legal advice.

[anand_virgo]

This is the reason why it is never advisable to join the new employer without first getting the USCIS approval of the new petition.

There is nothing stopping employer B running a payroll as technically their transfer petition is still pending but if your transfer is rejected you go out of status and would have to leave US.

This is my opinion not legal advice.

Thanks Raghvi for the information...My new Employer also agreed to generate payroll but from the date my visa papers were accepted by USCIS i.e. 8th July.
I hope my visa will be approved.