L1B (Company A) to H1B (Company B) and H1B (Company B) to H1B (Company C)

[ds_avatar]

Hello Friends,

My case is little complicated and any opinion in this regards will be sincerely appreciated.

I used to work with company A on L1 visa. For better prospects I decided to apply for H1B thru some consulting firm (Company B). Fortunately my application was selected and approved, My H1B is valid from 16-Jan2012 to Oct-2014.

After receiving H1B approval, I started searching for job and got selected by Company C (direct client of Company B). based on assurance from Company C, I resigned from Company A and my last working day was on 31 Jan 2012.

I was about to start my new job from 01-Feb, but at last moment the project got scraped and now I am jobless

I have following questions:
1. I have been told that there is 60 days grace period and I can hunt for new job before 16 March 2012 without running my payroll. Is this correct?

2. Can I change my H1B employer (Company B) despite of not working for him for a single day? ( If yes, will my last two pay stubs from company A be sufficient to apply for H1B transfer? Or do I need pay stub from Company B, who is my original H1B employer? )

3. If I don’t get job till 16 Mar 2012, apart from going back to my home country, Do I have any other options?

Thank you so much for your time and patience

[raghvi]

L1B (Company A) to H1B (Company B) and H1B (Company B) to H1B (Company C)

Technically there is no grace period , you are out of status currently. I believe you would have at l a valid I-94 as without that you are illegaly staying in US. Your H1B was already intiated as L1-to H1 tranfser when Company B's petition was approved. To do a H1B transfer again you would need to prove your current valid status ie. pay stubs from Company B which you dont have. Dont accumulate unnecessary out of status for long period it will be a problem in future extensions/transfers/new visa/GC processing. Comapny B should be paying you salary as per their LCA if not you can inititate legal proceeding against them. This is my opinion please seek expert opinion too.

[ds_avatar]

Thanks Raghvi,

I do have both i-94 (L1, H1), then how come I am out of Status.

Are you saying that my status will be legal only if I am in job and my payroll is getting generated?

[raghvi]

L1B (Company A) to H1B (Company B) and H1B (Company B) to H1B (Company C)

In plain terms for L1, the petitioning company is saying they have a job for you and need you to be in US, similarly for H1B. So technically, if you are on L1 or H1 you should be on a job and be getting legally paid for it. Without a job on L1/H1 you are out of status.This is my opinion, please do consult experts too.