H1 Transfer after H1 Visa expired

[luckyman]

Gurus,
My H1 Visa expired on Oct 1 , 2003, my lawyer file my extention on Sep 10 ,2003, he told me I need to wait another month from now on to get the new I797 form , my question is
Can my new employer transfer my H1 visa before I get the new I797 form ?

 

[jaxen2]

Technically you could apply for a h1 transfer based on the H1 extension receipt. But if your current employer cancels the pending H1 extension, you will have some out of status days (1 month + time to get H1 transfer approved or effective date)

 

[luckyman]

Hi,

Suppose I am working for A company, and A is doing my extension
but stilling waiting for approval, now company B want to transfer my H1 Visa .
What You meant is if A cancel my pending H1 extenstion before
A gets final approval and B's transfering is not totally done yet, then I will be out of status(illegall status)?

 

[jaxen2]

yep

 

[luckyman]

If after A company get final approval of H1 extension for me, then B start to transfer my H1 . Before B get final approval for transfering, if A cancel my H1, will I become out of status ?

 

[adyav]

AFAIK as long as company B files an H1 (xfer) for you, and you get a receipt notice from INS (usually 2 weeks), you can start working for company B. Remember though, you must ahve all your recent paystubs. You will not be considered "out of status" in the above case.

 

[luckyman]

What do you mean recent pay stub ?

My employer always pay me three month later than the current date,so far I only get up to September payment, on the latest pay stub, there are two dates, one is the date when the payment is issued which is close to current date 12/31/03. another date is like 9/1/03--9/30/03 which is the payment really for .

If B wants to transfer my H1 right now, Can I use two pay stubs like this one ?