Paystubs with L1 company after H1B approved

[venkat.gandham]

Hi all,

I am working with company A on L1B (with valid I-94). Company B filed H1B in 2012 in general quota.

I got H1B COS approved on Oct 15 2012. But due to two weeks notice peroid i have continued to work for Company A and got paystubs till Oct 31st 2012.

Now Compay C offered me fulltime job and has filed H1B transfer on Nov 21st 2012 which is got RFE (Asking why i have two weeks pay with Company A on L1B).

Here my questions are

---------------------------------

1. What will happen if my H1B Transfer rejected?

2. Is there any legal impact on my current stay in USA?

3. Can i continue work with my current H1B employer Company B legally?

[Attorney_22]

Technically, you did not have authorization to work for company A on L1 status after the COS was instituted. Therefore, it is possible USCIS will consider you not in valid H1B status and require you to leave and reenter the U.S. to initiate your H1B status. It is thus highly advisable to speak directly with a qualified U.S. immigration attorney prior to responding to the RFE.

[OttawaMhn]

2 weeks pay should not be a problem like in the below scenarios

1. Normally Companies hold the 15 day pay ( Like Dec 1-15 work is paid on Dec 31st)

2. The last salary Payment is done 2 weeks to 4 weeks after you leave the company

and

1. What will happen if my H1B Transfer rejected ?

&&&:- will have to study the Company C rejection notice , based on it you have to decide if to continue with Company B or leave US to get stamped on approved Company B .

2. Is there any legal impact on my current stay in USA?

​&&&:- Pending case doesn't make you illegal unless rejecetd

3. Can i continue work with my current H1B employer Company B legally?

&&&:- Yes as it is approved

But this is just personal thougt but for correct information you might have to contact Attorney

[wiweq]

''Now Compay C offered me fulltime job and has filed H1B transfer on Nov 21st 2012 which is got RFE (Asking why i have two weeks pay with Company A on L1B)."

Because you didn't start working for B, you were not on H1b and C shouldn't file H1b transfer, rather they should file L1 to H1b COS.

Ideally once your H1b is approved, you should immediately stop working for L1 employer and start working for H1b employer and getting paid.