h1b Transfer situation


Mamta123

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Below is my immigration situation .
 
1 ) My last working day at client location through my employer  was Dec 17 2018 . Client was closed in last weeks of December for contractors .
2) MY last pay stub date is Dec 17 2018 to Dec 30 2018 (though my last day at client location was 17th Dec 2018)
3)  my employer was trying to place me in during January 2019 but could not find project with existing LCA location and wages .
4) My employer sent correspondence to USCIS for H1-B withdrawal on Feb 8th 2019 . however I have h1b Visa stamped in passport valid till Aug 15 2021 .
5) After knowing the case status in USCIS website my husband company filed H1-H4COS on Feb 12 2019 to keep me on status for valid stay in USA .I am expecting to get receipt notice by next week .
I am expecting an offer by feb 25 2019 along with visa sponsorship ..please let me know if I can do a H1b transfer and start working on Receipt bases since premium processing is closed now .  
 
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If you have not been paid from Dec. 30 until your employer laid you off on Feb. 8 you are out of status.

The employer tried "to place you" in January, that means they still considered you an employee, and they had to pay you. On H1 you have to be paid as long as you are employed, even if your employer doesn't have a project for you.

Any new H1 or H4 would not be approved as EOS/COS. You will have to leave the country and either get an H4 visa or wait for an H1 approval abroad.

 

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