H1 Transfer/Rejection/Approval

[dcpk73]

Hi Experts

I was working for company A and applied for transfer with company B in May 2009 but was with A and one more offer came where I had to transfer to company C because C got some projects and they applied for my transfer in June on premium base
My Visa transfer with C got Rejected on August 13 th because of the issues with Company C which did not file properly
I never worked for Company B but From August 21st they got me a project with company B and I started working for it and on August 23rd the transfer applied through company B got approval.

My questions and concerns.
1. Am I leagal to stay in US? my only thought is that C got rejected but B got approval but still I'm thinking.

2. Can I work now for B? I dont have any paystubs but soon I will get it because I just started with a project for them.

3. August 13th the C application got rejected and till August 21 I dont have any work. Am I Out of status?
Please advise and If Im doing anything wrong......
Thanks

[txh1b]

I am not sure I understand it clearly. As far as each H1b goes, it is independent of the other if they were filed while you were in valid status and you continued your status all along. Whatever work you performed for C is illegal.

[dcpk73]

Thank you very much for your reply.

I edited my question to make it more sense.


My Only Concern was whetther I'm in status or not?

I noted your point that whatever the work I did for C is illegal but I did when the application was in pending but when it got rejected I stopped working for them... I worked for them close to 2 months before the denial notice.. so would that all go as illegal.

Thanks

[txh1b]

Yes, you were out of status and the work performed for C is illegal.

Your status might have been back on track if B's approval came with an I-94 and you work for B and get paid properly.

[dcpk73]

txh1b,
Thank you very much for reply.

1. I will come to whether I have I-94 on my H1-B Approval or not in couple of days.

2. Currently I have I-94 which is valid till May 2011

3. Employer C, was running in their pay roll till the day the denial was sent. After the denial, I stopped working but started working for Employer B.


Since I was out of status for some time.. Should I now leave country?
If so how soon?

Pls let me know

[txh1b]

For USCIS to not be able to use this out of status/illegal work against you and to protect yourself for 245(k) usage during GC, it would be a good idea if you can re-enter the country again when you get the approval notice for B (even with an attached I-94). You can use your existing visa to re-enter. This would be my suggestion.

Discuss with your lawyer.

[dcpk73]

Thank you very much for your suggestion.
I have an extended I-94 but not the visa. Visa is expired, I need to get any way visa stamping on my passport.

[dcpk73]

Sorry to bother again but few questions

1. The work performed for C is illegal. But Since I did when the application was under process and not after denied??? is it considered still illegal??

2. Out of status is for the period from the time B applied for me and till I started working again for them that is from August 21. Should I send a leave letter during that time asking for vacation.

3. Yes I did worked for C where my visa got denied for 1 and half months, will that be reported and how should I move with USCIS on this?

Kindly reply

Thanks

[txh1b]

1. Yes. I have told this multiple times. This is to the best of my knowledge.
2. That would not matter as you would be digging your own grave as you asked for a leave from B and were working for C. It does not matter what you do with B, the out of status period remains.
3. I don't understand what is reported. There is nothing to be reported. It will remain on your records and you have to declare it on all immigration forms.

If you don't have a greater understanding of this matter, I would suggest a consultation with a lawyer that can explain everything in greater detail than a layman like me.

[dcpk73]

txh1b

Thanks for your valued information, and you have been great help

Thanks to you again for answering all questions.

I request all members posting questions to understand the valued information provided by senior members and they are doing willfully and we should appreciate their efforts.