URGENT - Can I transfer my H1 from company B to C without an approved petition (I-797) from Company B

[allaboutsam]

Dear Attorney/Respected members, 

 

I was laid off from company A last December 31st 2014 and immediately company B had filed an H1 petition however, we have RFE now. In parallel, I was also looking out for other opportunities and found an another FTE potential opportunity and they would be filling my petition today - Feb 19. In this case, Can I use Company B's petition which is not approved or I should use only approved petition of Company A's?   

 

1. My severance pay check was till Jan 30 and PTO pay checks may come in a week or two. ?

2. Should company B run my payroll from Jan onwards or will  my severe and PTO days checks will be taken into consideration ? 3. If they (Company B)  ran my payroll for Jan , Feb and March.. Can I transfer my H1 from company A to Company C or should i have go to from Company B to C. Kindly clarify ?

 

 

Thanks

Sam

[ashuneel]

You can use company B petition.

1.severance and PTO checks have no meaning for immigration.

2.company B should be paying you from Jan 1st week  to maintain status.

3.Company  B to C.