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Status between H1 approval date n job join date.

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dr@j

Junior Member
What is the name of your state (only U.S. law)? Atlanta

I was on L1 visa with Comp A until end of Feb. I have pay stubs for upto Jan n went on unpaid vacation in Feb. In the last week of Jan I applied for COS from L1 to H1B with comp B which got approved last week of March but comp B gave me an offer letter starting from May. Since May I have been working with Comp B.
1. Have I been in status between the period of H1B approval (March last week) and my start date with Comp B (May 1st week)?
2. I now have an job offer from company C, is it advisable to apply for a H1 transfer with just one pay stub from B and vacation letter for Feb n Jan pay stub from A?What is the name of your state (only U.S. law)?

Please Advise.
Thank You.What is the name of your state (only U.S. law)?
 


ImmigAttyLana

Senior Member
1. You were not allowed to work for company B until the approval notice and the start of approval period. Up until that time, you were supposed to be working in L-1 status for employer A
2. You should have at least 1-2 paycheck stubs to prove you are in valid status with employer B and working in H-1B status before applying for a transfer to company C.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

dr@j

Junior Member
1. I did not work for Comp B before the approval notice. The approval notice was emailed by uscis on Mar 25th. The Comp B then sent me an offer letter starting with them on May 7th. Here is the series of events in their order.

Jan: Working on L1 with A
Feb 1st - Feb 29th : Unpaid vacation on L1
Feb 13th: Applied for COS from L1 to H1 (cap exempt, H1 was approved without I94 in Oct 2008).
Mar 1st: Terminated on L1 job (assuming L1 was revoked by employer)
Mar 25th: COS approved by USCIS (status moved to H1 now?)
May 7th: Joined company B (what abt status from Mar 25th to now as was not on any payroll?)

So from the above, I am not sure if I was in status between March 25th and May 7th as this was the perioed where I had my H1 approved but did not join the comp B until May 7th.


2. If I have been in status through out, can i use the single pay stub from B, the I797 and ucis docs showing COS processing from Feb to March and apply for H1 transfer?

Thank you for your time and advise.

draj.
 

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