L 1 -- H1-B Transfer

[mainhoonnaa]

Hi,

I am in US since Mar 2007 on L1 with a desi company. I had been to India 3 times till now. I had an extension of my L1 in Feb 2010 while I was in US with the same desi company. I got the extension of visa till Feb 2012. However, I got an employer who has accepcted to process my H1-B in premium processing and have applied for my H1-B in Nov 2010. I have the receipt number as well.

The current status of the H1-B is "Request for Evidence". My employer who has applied for H1-B is insisting to take up a job on my H1-B. (I even have a job with a company).

Question:
1) Per the law am I eligible to work with the receipt number of my H1-B visa. 2) If my employer fails to respond to the H1-B query are there any chances that I can come back and still work on my L1 VISA. If my H1-B employer does not run the payroll.

Any quick help on this is really appreciated. Thanks in advance

[txh1b]

If you are currently in the US and the employer applied for a COS to H1b, you cannot work unless that petition is approved. How can the employer ask you to work illegally on a receipt?

[shervin143]

Do not join the H1B employer until your COS gets approved. If you do that, that will be an illegal employment and put you into a lot of trouble. Rather than joining these kind of employers who have little knowledge on the USCIS rules and regulations or the one who doesn't bother to follow them, it is better to take some time to find a better employment with a reputed company.