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    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?

  • #2
    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?
    >>> Yes.

    2. Can Company C file my transfer petition without paystubs from Company B?
    >>> They can. But the transfer won't get approved with a new I-94. It can get approved for consular process though.
    Not a legal advice. Use of this information is strictly at your own risk.

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