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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1  
Old 12-16-2008, 04:36 PM
Raj_2009 Raj_2009 is offline
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Default H1B transfer with new employer and travelling to India for Stamping

Hi experts,

I need some expert advice for H1B transfer case and vacation plan.

Background:
I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.

Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.

Legal opinion:

But my attorney says that

1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.


Questions:

But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.

I have few below questions regarding the situation that I have. Kindly answer my questions..

1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?

3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.


Kindly provide your honest opinions so that I can take my decision for my future.

Thanks,
Raj
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  #2  
Old 12-16-2008, 07:28 PM
Raj_2009 Raj_2009 is offline
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Default

Hi gurus,

Any advise on whether to go to consulate with out pay stubs soon after joining the employer here? My employer has said he can give a letter stating that i am employed with him or so. Is that enough for the stamping?.

Pl. clarify.

Regards,
Raj

Last edited by Raj_2009; 12-17-2008 at 12:50 PM. Reason: typo correction
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  #3  
Old 12-17-2008, 11:28 AM
laksmi laksmi is offline
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Default

Do you have H1B stamping on your passport earlier?
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  #4  
Old 12-17-2008, 01:02 PM
abracadabra abracadabra is offline
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Default Here my take

Get your H1 B from the Company B, if you have all the documents ready. It will take 20 days to get your H1 from Company B. So worst case scenario by Januray 20 you will have your H1.

Work for one half month get 3 pay stubs and go to India on March 1.

I know it will be tough emotionally to push the travel date by couple of months since you have already made up your mind. That is what USA myth is all about.

Please kindly don't jeopardise. Hardly matter of 8-10 weeks
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Old 12-17-2008, 01:24 PM
Raj_2009 Raj_2009 is offline
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Hi ,

Yes, but it is not for H1B, It is for L1B with the Indian company stamped in India before starting to US, three years back. After that I moved to H1B(L1b->H1B) with a employer here in US and started working with him. We have GC process in I-485 pending stage. Now situation is, moving to a new employer and as soon as joining, i need to go to India for some vecation and some personal things. SInce My old visa expired and I have to get the new H1B visa stamped in India when returnin back. Issue is, I do no have paystubs with the new employer when i go there for stamping.

What are the ways to deal with this situation. Pl. advise me

Regards,
Raj
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  #6  
Old 12-17-2008, 01:35 PM
Raj_2009 Raj_2009 is offline
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Hi Abracadabra,

Thanks for your kind reply. Even if I have one pay stub, is that Ok. Since the new employer provides monthly paycheck, i wanted to find out if one paycheck is enough for stamping.

Thanks in anticipation.

Regards,
Raj

Last edited by Raj_2009; 12-17-2008 at 01:36 PM. Reason: typo correction
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  #7  
Old 12-17-2008, 04:05 PM
abracadabra abracadabra is offline
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Default More the merrier

I think atleast 2 should be good. As you know how is consulates are, you can expect anything so the more the merrier
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