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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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Old 09-04-2011, 11:31 PM
johnharley johnharley is offline
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Default H1b transfer from Industrial to academic H1b from India

Hello,
Following is my situation, I worked under OPT for a university and then got an offer from a company so I joined that company. Later the new company filled my H1b but after getting my H1b I had to go to India on 3 months of unpaid leave due to family emergency, when I came to India I got my Visa stamping done. In those 3 months my company lost some projects and now when I want to go back they are asking me to wait for 3-4 more months till they get some projects in which they can allocate me. I have been in 5th month of my unpaid leave and still no signs of my company coming back.
My Questions are
1) How long I can be on unpaid leave if I am outside USA?
2) If my university agrees to hire me back then can they transfer my h1b to them, as I have pay checks till the time I was in USA but not of past 5 months of my unpaid leave?
3) If yes, then can I travel back to USA on the new H1b (from university) with h1b stamp which is still valid not expired, or I have to go for stamping again?

Please help with your knowledge as it feels like my career is at stake.
Thanks a lot in advance for your answers.
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