Employer change after a long vacation - Last 2 months stubs needed?

[tingtong9]

I am planning to change my employer after a 6 week vacation. It seems I need my last 2 pay stubs for my new employer's H1B, otherwise there would be a query from USCIS .

 

My current employer told he will not be generating my payroll( as I work hourly) during my vacation. Looks like I have to wait 2 more months after my vacation to get my last 2 pay stubs for my H1B or would a vacation letter suffice. Kindly suggest options.

[rahul412]

I am planning to change my employer after a 6 week vacation. It seems I need my last 2 pay stubs for my new employer's H1B, otherwise there would be a query from USCIS .

 

My current employer told he will not be generating my payroll( as I work hourly) during my vacation. Looks like I have to wait 2 more months after my vacation to get my last 2 pay stubs for my H1B or would a vacation letter suffice. Kindly suggest options.

If you were outside the US during the vacation, then you are not on H1 technically. So you won't get any pay stubs.

[JoeF]

I am planning to change my employer after a 6 week vacation. It seems I need my last 2 pay stubs for my new employer's H1B, otherwise there would be a query from USCIS .

 

My current employer told he will not be generating my payroll( as I work hourly) during my vacation. Looks like I have to wait 2 more months after my vacation to get my last 2 pay stubs for my H1B or would a vacation letter suffice. Kindly suggest options.

Were you in the US or outside the US during that vacation time?

If you were in the US, you need to get paid. That's the law.

[tingtong9]

Were you in the US or outside the US during that vacation time?

If you were in the US, you need to get paid. That's the law.

I will be outside US

[Belle]

I will be outside US

No problem, then.

[tingtong9]

No problem, then.

Thank You Belle

[tingtong9]

I spoke to company's(future employer) attorney and he wants to file  H1B days before I go on a vacation outside US. He said since my VISA is already stamped(with current employer) I don't need to go for VISA stamping when I travel outside US . Reason according to him  - He is not asking for any change of duration/extension of H1B (which is currently valid for 2+ years). 

 

is that true that I need not go for stamping?

[rahul412]

He is right.

[tingtong9]

Thank You. Interesting so I would n't need another stamping if I travel outside US any time in the validity period of 2+ yrs.

 

I would have a new I-797 after ny new H1-B is approved so at the immigration I see couple of scenarios (correct me if I am wrong)

 

1. If new I-797 is not received by the time of return, I will anyway show I-797(of the current employer) 

2. If I do have new I-797  which I-797 should I present to Immigration officer during my visits in the validity period?

[rahul412]

Thank You. Interesting so I would n't need another stamping if I travel outside US any time in the validity period of 2+ yrs.

 

I would have a new I-797 after ny new H1-B is approved so at the immigration I see couple of scenarios (correct me if I am wrong)

 

1. If new I-797 is not received by the time of return, I will anyway show I-797(of the current employer) 

2. If I do have new I-797  which I-797 should I present to Immigration officer during my visits in the validity period?

At POE you need to show your current employer's 797 at that time.

[t75]

You may reenter as long as you have a valid stamping and a valid approval for the employer for which you intend to work upon your reentry.

 

You may NOT enter with your current approval if you do not intend to work for that employer.

[tingtong9]

Thank You for you inputs.

[tingtong9]

My Attorney says  -  we do not have a copy of the I-797 Approval Notice for your I-140 application, USCIS might not grant you a full three year extension although we are requesting a full three years. If USCIS chooses not to extend for the full three years, you will at least receive an H-1B up to your current expiration date

 

Attorney has my I-140 approved receipt #  and he mentioned it in the support letter. Couple of questions 

 

1. If I get a 3 year extension and  expiration date changes - Do I need to go for stamping again(I already have a stamped visa)?

 

2. If I don't get an extension but simply a new H1-B with the same expiration date. Does it mean that my further extension on my current approved  I-140 is at risk, given I only have the I-140 receipt # but not the copy of I-797 for it.