Hi
I have read the posts with similar subject and it has left me a bit confused.
I have come into US in Dec '06 on H1B and till now the company (say A) has not paid me i.e. I am not on their payrolls yet. This is because they haven't been able to place me on a "client project". Also, officially I do not have any official letter which says I have joined them or I am their employee. But they have been taking care of my boarding and lodging, with an occasional cheque payment but mainly through cash payments.
As such, there was nothing in my job offer letter which told me that I wont be paid "on bench" otherwise I wouldn't have come at all.
Now since its been almost 9 weeks now, I am looking to change jobs. I have found a willing employer who wants to hire me, but they are unsure if there is a legal possibility to successfully do the transfer. They say without the pay stubs, the petition might get rejected as well. So, here are my questions:
a) Am I "out of status" as of now?
b) Is there any way I can get my H1 transferred without any pay stubs and without a proof that I reported to my job office (I have proof of cheque reimbursements made to me though)?
c) If company B files for the transfer, can I start working for them as soon as they receive the receipt number?
d) What could be the worst case scenario in this regard? Would the H1 get canceled altogether if the transfer doesn't works out? Or is it possible that I can go out of US and get my visa stamped once again in name of company B(new employer) and then return to work for them?
Kindly guide me. I have no knowledge about the legal aspect in this regard.
Sincere regards

