Urgent - Need advice on h1b transfer during grace period

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Hello Experts,

I urgently need advice regarding my case on what should be my best course of action.

Company A filed for my H1B transfer and it was approved till 03-21-2022. My I94 is also till 03-21-2022. I was terminated from employment by Company A on 5-Jul-2019. Company B filed for my H1B transfer (on basis of Company A approved petition) within 60 days grace period under normal processing and I started working on receipt for end client. The model is EVC and Company B did not provide client letter or MSA of client with primary vendor in the petition.

Now Company C has filed my H1B transfer (on basis of Company A approved petition) on the 60th day in premium processing and I'm waiting for the receipt. Company C is reputed company and the model is EC and all documents including client letter, MSA, SOW has been provided. 

Now my questions are:

1. Can I switch to Company C from Company B once the receipt for C's petition is available (The receipt will be available beyond my grace period)? Will there be any legal issues?

2. Should I wait for the decision for Company C, as it's filed in premium?

3. As my payroll has resumed within the grace period through company B, would that be fine to show these as maintaining H1 status within and after grace period?

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  • 2 weeks later...

1. It is advisable to start working for company C after getting approval. You never know if it is either approved with the extension of stay or counselor notification. 

2. Company C filed your petition based on employer A's I-797, therefore, it is not necessary to submit employer B's payroll at this moment, unless and until USCIS ask for it.

***You MUST keep employer B's payrolls and upcoming W2 for future references viz. during the Green card/ Naturalization process.***This answers to your question 3. 


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