H1B Visa transfer denied

[sriramcrm503]

Hi,
I joined Company B in the month of Dec, 2015 after receiving the receipt no. I got the payroll from Company B for Dec already.
We got the news that it has been denied. My previous Company A did not revoked my H1, which is valid till one more year.
Company B is now filing an MTR. I heard from so many people that, as i have a valid I-94 for one more year, so i can stay here
and apply for a company C.
Can you please answer my below questions:

1) As i have a valid I94 for one more year, can i join company C once i get the receipt number?
2) If Company A tried to revoke my H1b today, then can i still be in US with Company C visa procesS?

Thanks
Sri

[raghvi]

Hi,
I joined Company B in the month of Dec, 2015 after receiving the receipt no. I got the payroll from Company B for Dec already.
We got the news that it has been denied. My previous Company A did not revoked my H1, which is valid till one more year.
Company B is now filing an MTR. I heard from so many people that, as i have a valid I-94 for one more year, so i can stay here
and apply for a company C.
Can you please answer my below questions:

1) As i have a valid I94 for one more year, can i join company C once i get the receipt number?
2) If Company A tried to revoke my H1b today, then can i still be in US with Company C visa procesS?

Thanks
Sri

You should not have joined merely on receipt basis.

Merely having a valid I-94 does not make you in status. One needs to have valid approved petition for the employer who is currently paying you as well as having a valid I-94 with that petition.

1. I would not suggest that.
2. It no longer matters as you are not getting paid by A now.

MTR can take months to reach a decision. I would advise leaving US, getting petition approved for C and re entering with C's approved petition in hand.

This is my opinion not legal advice.

[sriramcrm503]

You should not have joined merely on receipt basis.

Merely having a valid I-94 does not make you in status. One needs to have valid approved petition for the employer who is currently paying you as well as having a valid I-94 with that petition.

1. I would not suggest that.
2. It no longer matters as you are not getting paid by A now.

MTR can take months to reach a decision. I would advise leaving US, getting petition approved for C and re entering with C's approved petition in hand.

This is my opinion not legal advice.

Thanks for your Raghvi. I had a conversation with my company A and they are ok to run my payroll now. Can i go back to company A on their payroll now?
or will it be a problem because i got 3 payrolls from company B already?

[raghvi]

Thanks for your Raghvi. I had a conversation with my company A and they are ok to run my payroll now. Can i go back to company A on their payroll now?
or will it be a problem because i got 3 payrolls from company B already?

Technically they should not run your payroll without first getting a fresh I797 approved. Company A can also not run payroll for past months as then you would be paid twice for those months. I suggest you leave US and re enter on a valid visa or go for fresh stamping with the latest I797 if visa has expired.

This is my opinion not legal advice.