H1b transfer - Senior members pls respond

[pravi28]

I am working for a consultancy A. I am in bench for last 4 weeks and I am getting paid too.
I found a new FT job with a company B and submitted my docs for H1b transfer(Premium processing) last week. Company B initiated the H1b transfer last week itself but wants me to join next monday dec 14th only.

Now my question is
1. Why would an employer want me to join 1.5 weeks after initiating transfer.
2. Can I continue to be in employer A's H1b/payroll even after initiating the h1b transfer by employer B.
3. What happens if my H1b gets approved say on tuesday Dec 8th. Would I be out of status from dec 8th - Dec 14th since I wont be in employer B's payroll till I join them.
4. Can i be in A's payroll till Dec 14th, even if my H1b transfer gets approved on Dec 8th.

[shervin143]

1. Why would an employer want me to join 1.5 weeks after initiating transfer.
>>>> This should a question to your new employer. You can join them immediately after USCIS acknowledge your H1B transfer with a receipt (no need to wait for approval).

2. Can I continue to be in employer A's H1b/payroll even after initiating the h1b transfer by employer B.
>>>> Yes.

3. What happens if my H1b gets approved say on tuesday Dec 8th. Would I be out of status from dec 8th - Dec 14th since I wont be in employer B's payroll till I join them.
>>>> No. As long as you get paid from Employer A, you will not go out of status.

4. Can i be in A's payroll till Dec 14th, even if my H1b transfer gets approved on Dec 8th.
>>>> Yes, as long as employer A's petition and your I-94 are still valid.

[pravi28]

thanks

Thanks a lot for the quick response. I had always thought once the H1b transfer is approved, i am only supposed to be on new company's H1b and payroll.

[txh1b]

I had always thought once the H1b transfer is approved, i am only supposed to be on new company's H1b and payroll.

No. Each H1b is independent. Once a transfer is approved, you can still continue to work for the previous employer as long as their petition holds good. You cannot work for both though unless it is filed as a concurrent H1b.