Started working for New Company before H1B transfer is filed

[senses1980]

I have a different situation here. I browsed a lot but couldn't find anyone or any thread related to my scenario.

I got an offer from Company B while I was working for Company A. My start date was finalized with Company B (Multinational Company, $27 Billions worth). I insisted a lot that they apply for my H1B transfer before i start working for them. The HR said they do H1B transfers every other day and it's no big deal. He said their normal practice is to get the employee started and then they will start the H1B transfer application process. I thought it would be ok if they can file the application before they run my first paycheque. But again as it is always with bigger firms the HR took his own time and the Lawfirm took their own time to file my H1B transfer application. They took about 1.5 month time to file it. In the mean time the company B ran 2 paystubs for me (I pleaded them not to run them and explained them it's not the right thing to do...but again no one listened). I was very worried that my H1B transfer would not be approved.

The interesting thing is it was approved within a week under premium processing without any queries. They later filed for my Labor (Green card process) it was approved smoothly too. And my I-140 is pending currently.

I just want to know what kind of problems this past event might cause me in future. How serious it is? And what kind of price will I have to pay for it?

And now I got a better offer from a Company C and they have already filed for my H1B transfer under premium processing just 2 days back. They are insisting me to give a 2 weeks notice to the current company and get ready to start working for them....but I am little scared to do that just because I don't know whether whatever happened before might cause problems with this transfer.

Can anyone advise me what to do now? And in case everything goes well and the transfer is done smoothly. After I start working for Company C can I sue Company B for whatever they did to me?

 

[manwithnoname]

If employer B files a I-140 'unauthorized employment' issues may re-surface. The I-140 processing results are important.

You can join employer C but then you have to re-start the GC process.

 

[senses1980]

More info

So guys......This might cause me problems during the final Green Card process, or will it also cause problems during my I-140 and EAD approval?

One thing I forgot to mention is....While my Company B filed for my H1B transfer Company A tried to run a paycheque....then the immigration officials took a note of it and called Company A and asked why were they running a paycheque for me....Company A (indian consultancy) understood the scenario and told him that it's their mistake and cancelled the pay. They approved my H1 transfer omce this is done. The officer must have also seen the 2 paycheques that the company B run before applying for the transfer.

I am thinking that since they have already taken a look at my situation while H1B transfer process by company B ....and approved it smoothly (if not my LC - Green Card first stage wouldn't have been approved smoothly...red flags misght have raised) it shouldn't be a big problem in the future.

Any thoughts? --- Asnd thanks for the replies guys.

 

[nscagony]

Leave the US and re-enter. In the 140 this all doesn't matter. At the 485 stage it only matters what you did from the last time you entered the US. While very foolish to engage in unauthorized employment, you shouldn't expect any grave consequences, especially if you reset your "date of last entry".