pay roll while h-1 transfer is pending

[raj_dc]

Here is my situation:

a. I used to work for company A on H-1.

a. Company B filed for my h-1 transfer. The application hasn't been approved yet. But we have the the receipt.

b. I was hoping for an offer from Company C. So, I did not officially join company B's payroll. But I did do some work on a voluntary basis for them.

c. A month down the lane I get an offer from Company C who are ready to do an h-1 transfer from company A.

d. Company B now threatens to put me on their payroll to jeopardzie my ability to move to company C based on an H-1 transfer from company A.

Questions:

a. Is it possible for company B to do what they are threatening?

b. How can I protect myself?

c. Even if compnay B does put me on pay roll without me expressly agreeing to it, do I still have the ability to do an H1 transfer from my original company?

Thanks
Raj

 

[ginnu]

Here is my situation:

a. I used to work for company A on H-1.

a. Company B filed for my h-1 transfer. The application hasn't been approved yet. But we have the receipt.

b. I was hoping for an offer from Company C. So, I did not officially join company B's payroll. But I did do some work on a voluntary basis for them.

c. A month down the lane I get an offer from Company C who are ready to do an h-1 transfer from company A.
----------- are you still with A? Are you receiving pay stubs from A? Have you recent pay stubs from A?
d. Company B now threatens to put me on their payroll to jeopardzie my ability to move to company C based on an H-1 transfer from company A.

Questions:

a. is it possible for company B to do what they are threatening?
----- If you have not joined them and not signed any agreement with them I think they cant do anything if you have still H1B valid
b. How can I protect myself?
----- Meet good lawyers and seek legal advice
c. Even if company B does put me on pay roll without me expressly agreeing to it, do I still have the ability to do an H1 transfer from my original company?

--- once the B puts you on pay role and you get H1 approved and have 3-4 recent pay stubs from B you can anytime file H1 transfer through C but you will need the recent pay stubs from B and your H1 transfer approval notice in hand and extended I-94
I don’t know if the present Pay stubs you have or receiving is from A or B