Living in India on loss of pay/no recent pay stubs/ transferring H1B?

[business321]

I left US 1 year back for some health reason on loss of pay, my H1 is not cancelled yet and it is expiring (6years of H1B) on sep 30 2012. My situation is, when I come back to US, I have to change my company, before sep 30 2012 and claim H1 for the lost period(time spent outside US) through my new company. I have to file my GC through the new company.

1) Do I need to have recent 3 months paystub to transfer H1 for situations like mine?!

2) I read another post where some one saying, employer can file for new H1B visa, if one has spent 1 year outside US. My H1 is not cancelled yet, but I'm in India for over a year, can I still be eligible for filing new H1B (3years visa)?

3) Please let me know, if there is any other legal ways to stay in US for another 3 years

Thanks

[Attorney_22]

Generally, if an individual has been previously counted against the H1B cap without exhausting the full six years and has been abroad for more than one year, you may elect to either utilize your remaining H1B time with a petition that is not cap-subject, or file a new H1B Cap subject petition for a new six year period.

[wiweq]

1) Do I need to have recent 3 months paystub to transfer H1 for situations like mine?!

==> No. Paystubs are needed to prove your legal H1b status for COS/ extension/ new visa processing. Outside of USA means no status, no question of paystubs.

2) I read another post where some one saying, employer can file for new H1B visa, if one has spent 1 year outside US. My H1 is not cancelled yet, but I'm in India for over a year, can I still be eligible for filing new H1B (3years visa)?

==> Yes, because you are outside of USA for more than 1 year, you can go for new quota of 6 years.

3) Please let me know, if there is any other legal ways to stay in US for another 3 years

[business321]

Thanks to Attorney_22 and wiweq!

1) Do I need to have recent 3 months paystub to transfer H1 for situations like mine?!

==> No. Paystubs are needed to prove your legal H1b status for COS/ extension/ new visa processing. Outside of USA means no status, no question of paystubs.

Q: Out of status means...I cannot comeback to US before sep 30 2012 or you mean, I cannot transfer to new company?! My last 3 paystubs, when I was in US(before coming to India) is not accepted for transfer?! Somebody told me...I dont have to have paystubs, since I was on loss of pay.

Please clarify!

Thanks!

[wiweq]

''Q: Out of status means...I cannot comeback to US before sep 30 2012 or you mean, I cannot transfer to new company?! My last 3 paystubs, when I was in US(before coming to India) is not accepted for transfer?! Somebody told me...I dont have to have paystubs, since I was on loss of pay.

''

==> I am assuming, you have completed one year of staying outside of USA and currently you are outside of USA. You don't need paystubs for applying new H1b visa. Because you are away from USA for one year you have two options: One, you can recapture rest of 6 years quota by using last H1b- receipt no. Second, go for new 6 year quota. In any case, paystubs are not needed. As I said paystubs are used to prove your current or recent H1b status. In your case, you are not in H1b status recently (last 2-3 months) or currently. You need to tell you option to the H1b employer/ attorney.