H1 transfer

[sofia.jamun]

I am on L1 with company A. I have approved H1 from Oct 1 with company B. I got offer from company C.

Company "C" says as my H1 is Change of Status and approved from Oct 1, they can not transfer before october 1. So Company C has given me joining date as Oct 20. Hoping they will get H1 transfer and everything done by Oct 20.

I have already resigned and last working day with Company A is Sep 30.

My question is

Do I need to be on Company B's Payroll from Oct 1 to Oct 20. If I dont work anywhere from Oct1 to Oct19. Will it create any problem in my Green Card processing in future.

Will company B come to know about my H1 transfer?

Thanks in advance.

[raghvi]

I am on L1 with company A. I have approved H1 from Oct 1 with company B. I got offer from company C.

Company "C" says as my H1 is Change of Status and approved from Oct 1, they can not transfer before october 1. So Company C has given me joining date as Oct 20. Hoping they will get H1 transfer and everything done by Oct 20.

I have already resigned and last working day with Company A is Sep 30.

My question is

Do I need to be on Company B's Payroll from Oct 1 to Oct 20. If I dont work anywhere from Oct1 to Oct19. Will it create any problem in my Green Card processing in future.

Will company B come to know about my H1 transfer?

Thanks in advance.

Yes you need to be on B's payroll from Oct 1 till C's petition approval otherwise you risk going out of status. Also, if USCIS raises an RFE for C's petition asking for proof of you valid status in US, and if you are not able to provide it by giving B's pay stubs, your petition to C would be denied. I woul dsuggest you start working with B from 01-Oct-2014, and only start with C once their petition is approved.

This is my opinion not legal advice.

[efforts]

H1B approved but willing to come US on b1/b2 visa

Hi
Since, I having h1b approval from employer and without h1b visa stamping willing to come on b1/b2 visa and trying to COS from US. My question is what question at the POE will ask with me is need to tell them this is my h1b approval and will they will allow me to enter on h1b status or b1/b2 status will come. I am confuse. Since, we have already travelled to Usa before on b1/b2 visa along with family for tourism. Please advise what to do.

[sofia.jamun]

Thank you Raghavi,

But, if company C starts H1 Transfer immediately on 1st of October I will not have any paystub from company B. Will it create any problem in H1 transfer from company B to Company C.

[raghvi]

Thank you Raghavi,

But, if company C starts H1 Transfer immediately on 1st of October I will not have any paystub from company B. Will it create any problem in H1 transfer from company B to Company C.

But then on 1st Oct till C's petition approval on whose payroll would you be? To keep status valid and active one must be on payroll while on H1.

The so called transfer is a two step process first LCA would have to be filed by C and only upon approval of that can they file the cap exempt petition, so even if the file the cap exempt petition as premium all this can take 3-4 Weeks to complete?

In such cases many a times USCIS raises an RFE asking to prove that you are currently maintaining status, the only way you would be maintaining valid status is by working for B during this time.

This is my opinion not legal advice.