H1 transfer without paystubs

[xnerd]

I came to US 2 years back on L1 Visa from Company A. During this year, a company B processed my H1 Visa and I got thru the lottery. I think company B filed a COS (will i be able to check if its a COS from the I797?).
Now Company C is ready to hire me. The problem is i havent started working for company B on H1. I am still on L1 working with company A. I thought I will not be able to do a H1 transfer to company C as I dont have a
even 1 pay slip from company B. However company C says that I can still get a H1 under company C without a transfer as long as i dont start working for them. Is this correct? Is there any risk involved for me i this? Your help is appreciated.

[itzprams]

In which year you applied H1+ COS, was it a year back ?

You are in a real mess. If COS is approved then your employer might have received an attach I-94 with extended expiry date and presently your are out of status.

[xnerd]

Oct 2008

got it now in 2008 (Oct 2008). So my company A (L1) will come to know of this? can company C proceed with my H1? is that possible? How can I know if its a COS ? will it be availalbe in my I797?

[itzprams]

got it now in 2008 (Oct 2008). So my company A (L1) will come to know of this? can company C proceed with my H1? is that possible? How can I know if its a COS ? will it be availalbe in my I797?

Check your I797, Does it have an I-94 at the bottom? If yes then it is approved with COS.

company A (L1) will not come to know unless you specify but you will be in trouble if you keep working for them even after COS approved.

[xnerd]

Company C

Oh..ok...thanks for the reponse. Company C can process my H1 without paystubs? is that possible? any risk associated with that? when I told them about that i have not joined company B and dont have any paystubs, they said it is perefectly fine and possible. please advice. thanks again.

[txh1b]

They can get the H1b but you cannot work for them unless you get a visa stamped neither can you use AC21 to begin work upon filing. Extension of stay or "transfer" is not possible as you are out of status.

[itzprams]

Company C can process my H1 without paystubs? is that possible? any risk associated with that? when I told them about that i have not joined company B and dont have any paystubs, they said it is perefectly fine and possible.

If C is a desi employer then he may use backdoor(**** pay stubs) to get visa transferred. You will have to be very careful otherwise you will be in trouble.
As txh1b said you are out of status and cannot use "portability" or "transfer".

First make sure if COS was really approved or not (attached I-94). Then decide next step.

[txh1b]

It is not clear from your post if your current status is L1 or if you are out of status on H1b due to a COS back in 2007 and working illegally on L1.

If you are legally on L1, you can have a new employer file for a COS to H1b and transfer. You can begin work as soon as it gets approved if it comes attached with an I-94. Did you ever travel and re-enter on L1 after the H1b was approved in the past?

If you are supposed to be on H1b but continued to work on L1, then you are in deep trouble. Contact a good attorney.

[xnerd]

My H1B got approved in 2008

THanks guys for your responses.

1. I got my H1 B approved in 2008 (effective 2008 oct). THe i797 had the new I-94 attached to it. So I believe its a COS. . I never went out of the country after getting my I797 and continuiing to work for Company A under my L1. So can I consider this a legal L1 or not? What should be my immediate next step? I am quite afraid about my status now.

[txh1b]

Your work on L1 past the COS date is ILLEGAL. Stop working for L1 employer immediately or leave the country. Wait for H1b approval, get a H1b stamp and enter. You have to declare that you violated visa terms on the visa application.

Talk to your an attorney if it is confusing.

[itzprams]

Yes, you are out of status as your current status is H1 and you are illegally working for L1 employer.

You need to see an attorney.