Transfer of H1B to L2 employer

[syspine]

Hi All

My petition got approved on Sept. 27, I wasnt knowing that it was applied with COS. I came to know about it 2 days ago through petitioner as they received approval notice with I-94 attached.

Can I transfer this COS approved petition to L2 employer with premium processing?

This is urgent as I already been working illegally as COS is approved.

[txh1b]

You can try to transfer the petition ASAP and stop working on L2 until the PP H1b gets approved. But USCIS could ask for H1b paystubs. Illegal work is another beast that will cause problems later on. Talk to a lawyer.

[syspine]

Thank you txh1b

If my h1b petitioner ready to transfer my h1 to my l2 employer, will it be ok?

They are ready to send contract to my employer to sign and they will make a pp transfer. The only difference is they have asked to not to take salary from employer as employer has to pay that amount to my h1b petitioner.

Will it work legal?

[txh1b]

I am not sure I understand your problem.

Your H1b petitioner is contracting with your L2 employer for the period that you worked at the L2 location and paying you for the same. Then your L2 employer transfers the petition under PP to them. Is that what is happening?

That will work fine.

[syspine]

Sorry for that confusion. I was wrong.

H1 employer contracting with L2 employer, so that L2 employer wont pay anything to me directly. He will pay to my H1 employer and the same H1 employer will run my payroll.

Does it makes sense and is it okay to be in legal position?

[txh1b]

That is exactly what I said and did I not say it is okay? Why do you think it is not ok? All you need to do is to work and get paid from your H1b employer.

[syspine]

Thank you txh1b !