Second h1 transfer when first h1 extension is pending

[selvabalaji]

Hi,
I work for Company A for last 2 years from first date of entry in Aug 2015. I94 expire on Sep302017. But Company A filed extension on Aug022017 in normal.
While the extension is pending approval, Company B offered me a permanent position and got approval in premium and got approval on Nov10 2017.
But my client (Company C) refused to release me when offered resignation and sponsored H1 in premium by convincing Company A (for whom normal extension is still pending)

Now my second h1 transfer papers have gone to USICS. Lawyer is saying, USICS might ask for payslip from Company B (last approval) to prove current status. Absence of which RFE might be raised and still be approved for Company C but i might go out of status. If i go out of status, i might need to return to india and get stamped and come again.

I'm honestly confused on

1. Why would i got out of status, as i'm still payed with Company A and extension is still approved.

Awaiting for the result. But sharing the learning the forum for knowledge purpose to our friends.

If any one have any thoughts please advise me.

[selvabalaji]

Any one can help me on this?

Any one can help me on this?

[priya1013]

You can't be out of status unless your H1 extension from company A has been withdrawn.

You are not required to be on payroll of company B even if the H1 was approved with them. As long as your payroll for company A is running until your H1 for company C is approved, you should be good.

If company A withdrew your H1 already then you have to join company B to maintain status OR use the 60-day grace period to stay in the US until you find a new employer (which is company C)

I'm surprised a lawyer has said this, any good immigration lawyer would know what I mentioned above.

Disclaimer - this is not a legal advice, you still might want to talk to proper immigration lawyer. There are so many available for a consultation just for a few bucks.