h1b transfer issues -- 2 months gap

[kahou]

I was laid off by Company A on Nov. 12. Company B filed my H1B transfer petition on the same date when I was laid off, and I got the transfer receipt number a couple of days later.

However, Compay B only pay me if I find a new project. Unfortunately I haven't got a project yet, say, I don't have any pay stub from Company B.

Now I get an offer from Company C. I prefer to joining Company C because it is a big firm.

My question is:
1.Based on my current situation ( I haven't been working for two months,during the transfer petition from A to B is still in process) Am I out of status now?
2. Can Company C file my transfer petition without paystubs from Company B?

[raghvi]

I was laid off by Company A on Nov. 12. Company B filed my H1B transfer petition on the same date when I was laid off, and I got the transfer receipt number a couple of days later.

However, Compay B only pay me if I find a new project. Unfortunately I haven't got a project yet, say, I don't have any pay stub from Company B.

Now I get an offer from Company C. I prefer to joining Company C because it is a big firm.

My question is:
1.Based on my current situation ( I haven't been working for two months,during the transfer petition from A to B is still in process) Am I out of status now?
2. Can Company C file my transfer petition without paystubs from Company B?

1. What do you mean you haven't been working? Irrespective you should still be getting paid. If not , you are out of status.
2. Yes but it will most probably not get approved with an I94, thereby needing you to travel outside US to regain H1.

This is my opinion not legal advice.

[kahou]

1. What do you mean you haven't been working? Irrespective you should still be getting paid. If not , you are out of status.
2. Yes but it will most probably not get approved with an I94, thereby needing you to travel outside US to regain H1.

This is my opinion not legal advice.

raghvi,
Thank you for your response.
Do you mean I need work and get paid even if the transfer petition is pending?
How about I get an Unpaid Leave Letter from B?

[raghvi]

raghvi,
Thank you for your response.
Do you mean I need work and get paid even if the transfer petition is pending?
How about I get an Unpaid Leave Letter from B?

One should always get paid while on H1. With no paystubs you are out of status. There is nothing called as unpaid leave letter.

This is my opinion not legal advice