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h1bh1bus
01-04-2011, 12:07 PM
Hi Guys

I was working with a company on H1b and i left to india for a vacation on aug 13 . got stuck in india due to some personal reasons.
I got paid till aug 30 as i had leave sanctioned till aug 30.
came back to US on dec 30.
Didnt get paid for the month of sept oct nov dec.
But i was never out of status as I was in india.
now can i apply for a h1b trasnfer as i m getting a job with a very good company with good salary.
i have paystubs till aug 30 2009. never out of status .

thanks

Mayday
04-03-2011, 07:11 PM
came back to US on dec 30. Didnt get paid for the month of sept oct nov dec. But i was never out of status as I was in india. ... i have paystubs till aug 30 2009. never out of status

You actually were out of status since Dec 30 till this moment and you still are out of status. You are immediately out of status once you are not paid for the job or fired, regardless of the fact if employer revokes H-1 or not.

You can not do H-1 transfer any more. Your next H-1 petition will be a new petition but you will not be subject to H-1 cap as you already have been counted for 6 years.

So I presume it would safe to get a job offer and leave as soon as possible, then wait for the H-1 petition get approved, stamp H-1 visa and get back.