H1B transfer issue due to not maintaining status yet

[siya1087]

Hi

I have a wierd scenario here. I was a student till december. Company A applied for my h1b before graduation and i got my h1b towards the end of December. But my joining date for Company A is end of January.
In the meanwhile, i received an offer from company B which is a better offer in a better location. So , i accepted the second offer. When the second company contacted the lawyers for my transfer of H1B, the lawyers say that there might be an issue with the approval as i am not maintaining my h1b status as i am not yet working. Is this an issue?

The lawyers also said that in my case a consular H1B is preferred. Is there any risk involved in this? Please let me know provide me with your suggestions about what is better

Thanks
Siya

[shervin143]

Your should be working with Company A (and get paid) as of the effective date of the H1B COS. The approval notice will have the effective date. If not, you are out of status on H1B. When Company B applies for the H1B transfer, it cold either be denied since you are out of status or it might get approved for consular process. In such case, you stay in U.S without pay slips from the effective date of H1B could cause issues at stamping.

[siya1087]

Thank you for your response. What do you suggest i do in this case? What do you think is the possibility of a rejection of my stamping? And if my consular h1b for company 2 is rejected stamping, can i still retain the h1b of Company A?

Thanks
Siya

[shervin143]

What do you suggest i do in this case?
>>> Leave the country immediately to avoid accumulating more out of status. You can return back with a valid H1B visa when new petition from Company B gets approved.
You can also talk to your employer A and ask them to pay you from the effective date of the H1B COS so that you will get back to status. The employer is suppose you pay you from day 1 of H1B until the H1B is revoked.

What do you think is the possibility of a rejection of my stamping?
>>> Hard to predict. But there are possibilities because the VO might ask you for the pay slips to prove that you have maintained the H1B status.

And if my consular h1b for company 2 is rejected stamping, can i still retain the h1b of Company A?
>>> Possible if the H1B is not revoked by employer A or by the consulate when you go for stamping.