H1B Portability eligibility from L1 Visa?

[mgfms]

I am presently on L1 with company A and have applied for H1 through company B. I have got the H1B approval with COS effective from Oct 1st with Company B. Meanwhile I have got another oppurtunity and decided to move with Company C. Company C has applied for new H1B (transfer) after 1st Oct and have the receipt number from USCIS. My Question is am I eligible to work with Company C (without working for a single with CompanyB) with this receipt? Am I considered to be H1B postability?

[txh1b]

I think you could as portability requirements are met as long as the transfer petition was filed before Oct 1st.

Confirm with your company attorney.

[mgfms]

Thanks for the response.
What if the petition is applied after 1st Oct. As per receipt status it is applied on 10/14. I am still eligible?

[txh1b]

Only if you maintained H1b status from 10/1 to 10/14 and got paid. Read the AC21 portability requirements.

First is the petitioner should have maintained proper prior status before the transfer was filed. If not, I suggest going the PP route.

[mgfms]

what is PP route?

[txh1b]

Premium Processing and join after you get the approval as you did not qualify for AC21 portability.

Talk to your attorney as you don't seem to know some of the important things.

[mgfms]

Thanks for your kind advise. I am waiting for an appointment with the attorney.

FYI, Company C has applied H1B Premium process only, but y'day there is RFE requested and getting approval may further delay. As the new customer is looking for me to join as quickly as possible, just wanted to know the options that I have before talking to attorney.
As I understood, my case will not fall under Ac21 portability requirements as I was not on H1B payroll of Company B between 10/1 to 10/14, am I right?
I was actually in transit with Company A during that frame and last week only I have left job there with Company A, as I was on L1 visa with them.

[C4us]

If you were in the US on or after Oct 1 and not working for B, you are out of status and should have a transfer to C denied on that basis. Leave and re-enter using the approval of C; you must get H1B stamping if you do not have it.

[txh1b]

It is illegal to work on L1 after Oct 1st. Your H1b getting approved is iffy.