H1 Transfer Query

[rockey123]

Hi guys,

Company A is holding my H1B and Company B was my Client. Company B offered me Fulltime position and agreed to transfer my H1B.They started running my payroll but not yet filed the Visa transfer petition.The delay is primarily because negotiation is still going on between CompanyA and CompanyB.
My question is , will this create any problem for me as I'm already on Company B's Payroll but they have not yet filed the petition.

[immihelp]

Yes, that is a big problem.

You can't be on company B's payroll yet because they have not filed your petition yet. You need to get at least a receipt first.

[rockey123]

I appreciate your response. So what is my way out at the current situation !!

[shervin143]

Consult an immigration attorney. Company A should be generating your payslips, otherwise you are out of staus on H1B and a transfer is not possible. Working for Company B without the H1B transfer being filed is illegal.

I appreciate your response. So what is my way out at the current situation !!

[rockey123]

Thanx Shervin....
I can request Company A to generate my pay slips until the Visa transfer petition is filed.My concern is , Company B has already generated pay slips for me without filing the visa transfer. Is that going to be a problem ?

[sachindubey]

Yes it is a proble, Please consult the attorney.

[rockey123]

@ Shervin

I just had a talk with Company B about the reason for the delay in filing. What they said is my H-1B Petition has not yet been filed, because they are still in the process of verifying the company’s FEIN number with the U.S. Dept. of Labor. They said, this step is required before they can file the LCA with the Dept. of Labor. They said they will have the H-1B Petition ready to be filed as soon as they receive the approved LCA from the Dept. of Labor.."

Now, my questions are

1. How long does it take to receive the approved LCA from the Dept. of Labor?

2. Is it a common reason for filing get delayed and acceptable to USCIS while actually filing the petition?

Thanks

Consult an immigration attorney. Company A should be generating your payslips, otherwise you are out of staus on H1B and a transfer is not possible. Working for Company B without the H1B transfer being filed is illegal.

[shervin143]

1. How long does it take to receive the approved LCA from the Dept. of Labor?
>>> A week to 10 days.

2. Is it a common reason for filing get delayed and acceptable to USCIS while actually filing the petition?
>>> Not sure what you are trying to ask. Unless the transfer petition (form I-129) is filed with USCIS you cannot work for that employer and they should not generate the payslips. It is illegal to do so. If the filing gets delayed for these reason, then you should be working for the previous employer and get paid until you receive the receipt notice from USCIS for the transfer.