Nomi Posted October 25, 2017 Report Posted October 25, 2017 Hi!, I came in US on May 22 with Company A(a consultancy firm) and I was trying to find project after landing in US. I could not find any C2C project but I got an opportunity from Company B as full time. I accepted the Offer and Company B applied my H1B transfer without paystubs from Company A(as I was trying to find project, so were not running my payroll). On 31 July on receipt of receipt number I joined Company B office(without informing Company A). I worked for Company B almost 3 months when they got RFE for providing paystubs to USCIS. They terminated my employment. Now I have following questions What is my legal status? Am I still employee of Company A? What if a Company C wants to transfer my H1B to them using Paystubs of Company B and i797 of Company A. Can they transfer it keeping in my Company B already received an RFE on transfer case. Should I go back to Company A and start find the C2C project again? Please help me getting out of this mess.
Chai Posted October 26, 2017 Report Posted October 26, 2017 As long as company A's petition is not revoked or expired AND you have valid I-94, your status is legal. You are still an employee of company A. Company C cannot transfer H1-B based on approved H1-B from company A and pay stubs from company B. The best course of action is to start with company A, generate 3-4 pay stubs and then transfer to company C. In case nothing works, file a complaint to DOL stating that company A never paid you on H1-B.
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