H1B pp transfer with a less w2 tax.

[Shunu85]

Hello,

I'm transferring from Company A(desi consultancy) to Company B(Current Client). I was laid of last year which is the reason to join quickly Company A. My current H1B got is valid till 12/21/2018.  

Issue: I've 4 months of gap period in 2017 which desi consultant showed it as severance pay.  I'm worried if USCIS checks my W2 as its less for the year 2017 and denies. 

I've 2.5 years left in H1b, my End Client lawyer hasn't involved me in any H1-B paperwork process except confirming the job duties.

Question 1: Can I continue with my Company A if the H-1B transfer gets denied?

Question 2: Will I be out of status? I'm not joining the Company B till I get approval. 

Question 3: Can I reapply the H-1B transfer later part of this year? This time I can explain the gap in the last year as I'd applied for a F2 visa which I withdrew before after submitting H-1B in 2017. 

Thanks a lot. 

[Shunu85]

Hello All,

Attorney sent an email saying the petition got approved yesterday, it took seven days to get a decision. Note that the online portal is not yet updated. 

Good luck to all, my next hurdle is to get visa stamped in Chennai, India in December 2018, hoping the consulate wont notice the gap in 2017. 

 

Question: How safe is to get stamping in Canada or Mexico? I've a different employer now.