Company forgot to transfer H1B. Now what?

[LalitP]

I completed my first term of H1B with A. A then applied for my renewal and got the approval for second term before Oct 2012.

H1B first term - oct 2009 till oct 2012

H1B second term - oct 2012 till oct 2015

In mid june 2013 I switched to company B. While joining, B told they have filed my H1B transfer and all is set. Today when I requested my I 797 for travel purpose, B told me they unknowingly did not file my transfer. Some one dropped the ball in between.

Tomorrow I am having a meeting with the law firm who dropped the ball.

What are my legal implications?

Note:

I have booked india tickets for travel in nov end.

I have valid pay stubs from A and B for all the months.

[jairichi]

I completed my first term of H1B with A. A then applied for my renewal and got the approval for second term before Oct 2012.

H1B first term - oct 2009 till oct 2012

H1B second term - oct 2012 till oct 2015

In mid june 2013 I switched to company B. While joining, B told they have filed my H1B transfer and all is set. Today when I requested my I 797 for travel purpose, B told me they unknowingly did not file my transfer. Some one dropped the ball in between.

Tomorrow I am having a meeting with the law firm who dropped the ball.

What are my legal implications?

Note:

I have booked india tickets for travel in nov end.

I have valid pay stubs from A and B for all the months.

Working with employer B is unauthorized employment. If your I94 has expired it is unlawful presence in US. Scary situation. Before you take any decision talk to your employer B's attorney and also to an independent attorney like murthy law firm. Also, be ready to file a complaint against employer B, if a need arise.

[rahul412]

If they didn't filed your H1 then you are currently out of status.

Dude, you are in trouble because of someone's mistake, you need an attorney now.