H-1B transfer...is it ok to be out of status after filing?

[socialguy]

I'm currently on bench with my employer but getting paid. I found a new employer who says that they might file for H-1B transfer but won't start paying paying me until I join the client after about 3 weeks. Their immigration department says that as long as I've the latest paychecks up to the day of filing, I should be fine, even if I don't get paid for 3 weeks after filing. Is that true?

On a separate note, is it correct that if I'm out of status while filing, I must go out of USA and get a visa stamping later? How many days out of status is shown leniency and does not require that?

[jairichi]

I'm currently on bench with my employer but getting paid. I found a new employer who says that they might file for H-1B transfer but won't start paying paying me until I join the client after about 3 weeks. Their immigration department says that as long as I've the latest paychecks up to the day of filing, I should be fine, even if I don't get paid for 3 weeks after filing. Is that true?

On a separate note, is it correct that if I'm out of status while filing, I must go out of USA and get a visa stamping later? How many days out of status is shown leniency and does not require that?

You cannot be out of status. No leniency is shown. Stay with current employer till new employer's petition is approved.

[socialguy]

What about the paycheck? Is it true that as long as I've the latest paychecks up to the day of filing for H-1 transfer, I should be fine, even if I don't get paid for 3 weeks after filing.

[socialguy]

No answer?

[jairichi]

What about the paycheck? Is it true that as long as I've the latest paychecks up to the day of filing for H-1 transfer, I should be fine, even if I don't get paid for 3 weeks after filing.

That is correct provided you are not paid because you have quit your job.