Immigration Issues/H1B transfer

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Question
Dear sir

FACTS:
F1 to H1B approved for change of status effective date 10/1/2009. However Company A is unable to get any projects and I'm planning to transfer H1-b to Company B.

QUESTIONS:

(1) Am I out of status, based on the fact that Im not working under H1-B as on date?

(2) If Company B files a H1-B transfer without Company As paystub, how likely would USCIS ask for it?  

(3) If USCIS ask for Company As paystub, and I cant provide, is the result going be a denial of petition OR an automatic approval for consulate processing?

(4) If the petition from employer B is either denied or approved for consulate processing, can the beneficiary switch back to employer A, in case he is able to find a project at a later date?

Thanks
Surbhi

Answer
Hi,

You are violating your H1B status if you are not employed by Co. A effective October 01.

The USCIS may or may not ask for recent pay stubs from Co. A, since Co. B is filing soon after Co. A's H1B petition took effect. If the USCIS asks for recent pay stubs from Co. A and you are unable to provide the pay stubs, the USCIS should still approve Co. B's H1B petition, but you will be required to apply for H1B visa stamp at a U.S. Consulate abroad ("consular processing") in order in activate H1B status through Co. B.

Since multiple companies can file an H1B petition for you, your ability to be employed by Co. A will not be invalidated when Co. B files an H1B petition for you, or if Co. B's H1B petition is approved (with or without change of status), or denied. As a practical matter, you can continue to work for Co. A, or start working for Co. A anytime.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com  

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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