H1b transfer paroll

[krishna88]

I sent h1b transfer
Can new employer run payroll and file taxes legally if transfer takes 3-4-5 months.
What if rejected?

[shervin143]

Can new employer run payroll and file taxes legally if transfer takes 3-4-5 months.
>>> Yes.

What if rejected?
>>> If the transfer gets rejected, then you are in trouble since you worked for the new employer without authorization. That is why it is advisable to join the new employer only after a successful H1B transfer. A premium process will give you a result within 15 days.

[krishna88]

What if

What if it is rejected but my old employer has not cancelled my H1b and work for him?
Also for 3-4 months I work for new employer and run paystubs but I dont get paid from old one and then why the pay is legal in your opinion?

[shervin143]

You just cannot get paid from anyone in the country when you are in H1B. Your work need to be authorized by USCIS to work for an employer and you can get paid only from the employer who filed a petition on your behalf and got it approved.

So to sum up, you can join the new employer upon receiving the receipt notice. If the transfer gets approved, then you are good. If not, you end up working for that employer without authorization.

The minute you leave the old employer, as per USCIS regulations, they are suppose to revoke your petition. If they don't do that and if you want to go back and work for them after 2-3 months, then they will have to pay you for the 2-3 months when you actually haven't worked with them to fill the GAP (Which will typically make yu double paid for that period). If you don't want to take a risk, it is advisable you wait until the transfer gets approved instead of taking the chance with the receipt notice.

[krishna88]

I am not sure if this right..

Thanks.
Company A placed order on B. B placed order on C and C placed order on D.
My H1b is with D.
Now I am transferring from D to C. D had no issue at all.
Sending for transfer.
If rejected in two months D is there still and can run payroll for past period.
Say 2-3 months and file tax.
D is not sending for cancellation of petition.
This is due to lawyer suggested all Big 5 are doing this and not sendind the cancellation for 6 months minimum with the reason guy can come back.
What do you say?