H1B transfer during severance package

[speedingpuppet]

Hello

can you please help me? I am in H1B status now and was working for company A until Jan 4th 2016. I got I-140 approved through this employer and H-1B visa expired last September 29 2015. I was working on my valid I-797 approval notice. My company started to give me severance package for 3 months and said won't withdraw my H1B for 3 months. I found a new job with company B and they are going to file my H1B transfer on February 17th 2016.

I have the word "regular wage" mentioned in paystub for days till Jan 4 2016 when I got laid off and received the paycheck on Jan 15th. For Paycheck received on Jan 29th 2016, it is mentioned as "Severance Pay" in the pay stub. By the date when my new company file H1B transfer I will have one more pay stub that says "SEVERANCE PAY".

My question is this. WILL there be a problem in my H1B transfer and new I94, if I have last 2 paystubs that says "SEVERANCE PAY and pay stubs before that says "REGULAR WAGE"? or will I get H1B transfer approved with consular processing?

please let me know your thoughts and comments.

--Kandan

[raghvi]

Hello

can you please help me? I am in H1B status now and was working for company A until Jan 4th 2016. I got I-140 approved through this employer and H-1B visa expired last September 29 2015. I was working on my valid I-797 approval notice. My company started to give me severance package for 3 months and said won't withdraw my H1B for 3 months. I found a new job with company B and they are going to file my H1B transfer on February 17th 2016.

I have the word "regular wage" mentioned in paystub for days till Jan 4 2016 when I got laid off and received the paycheck on Jan 15th. For Paycheck received on Jan 29th 2016, it is mentioned as "Severance Pay" in the pay stub. By the date when my new company file H1B transfer I will have one more pay stub that says "SEVERANCE PAY".

My question is this. WILL there be a problem in my H1B transfer and new I94, if I have last 2 paystubs that says "SEVERANCE PAY and pay stubs before that says "REGULAR WAGE"? or will I get H1B transfer approved with consular processing?

please let me know your thoughts and comments.

--Kandan

Most probably approved as consular process.

This seems to be a grey area around this aspect of law as to when technically a Employee Employer relationship is no longer there. I would advise filing transfer in premium to avoid lengthy delays.

This is my opinion not legal advice.