Out of status, pls advise

[dsp143]

Im working on L1B with company A for last 10yrs, and have COS to H1B with company B from Oct 1st, m still working with company A coz they want me to continue working with them and r filing for H1B transfer; transfer process is stl on but hvnt received any receipt no, so it looks like m out of status?
What's the best way to come out of it?
What happens if we go out of the country, would there be any complications while coming back?
How would it impact GC processing in future?

[raghvi]

Im working on L1B with company A for last 10yrs, and have COS to H1B with company B from Oct 1st, m still working with company A coz they want me to continue working with them and r filing for H1B transfer; transfer process is stl on but hvnt received any receipt no, so it looks like m out of status?
What's the best way to come out of it?
What happens if we go out of the country, would there be any complications while coming back?
How would it impact GC processing in future?

You are out of status and employment with A is illegal too.

So the best option would be to leave US immediately, go for H1 stamping along with A's approved petition and returning on H1 visa and work for A. As long as A is a genuine employer with genuine work I dont see much issue in stamping

As for GC processing, it depends upon the officer, but short out of status period should be fine, would say avoid extending this out of status period, the longer you are out of status the more the problems in future.

This is my opinion not legal advice.

[dsp143]

You are out of status and employment with A is illegal too.

So the best option would be to leave US immediately, go for H1 stamping along with A's approved petition and returning on H1 visa and work for A. As long as A is a genuine employer with genuine work I dont see much issue in stamping

As for GC processing, it depends upon the officer, but short out of status period should be fine, would say avoid extending this out of status period, the longer you are out of status the more the problems in future.

This is my opinion not legal advice.

Thanks for ur adv, but m still confused coz the HR says, it's fine to continue since the xfr is in the process. However, m perplexed with the whole situation and wondering if it's gona b wise enough to join company B and avoid the whole mess, since B has sponsored H1B

[raghvi]

When did they apply for the "transfer" ? Also, why don't you ask them to upgrade to premium and get a decision faster and reduce the anxiety?

This is my opinion not legal advice.