peedarp Posted February 4, 2013 Report Posted February 4, 2013 Hello, I am working in company A since OCT last year on H1B and I have got approval for one year i.e., it is valid till oct 15th this year. Company B has just filed for my H1B transfer and it is approved. I have three weeks to join company B and I will have to go to India now due to some personal reasons. I will have to go for stamping if I go to India and i have not yet joined company B. Upon my return to USA I'm planning to leave company A and start working for company B. Please let me know if i could go for stamping to India on company B's offer letter and joining date without any Paystubs...? Is it advisable to do so?
rahul412 Posted February 5, 2013 Report Posted February 5, 2013 Hello, I am working in company A since OCT last year on H1B and I have got approval for one year i.e., it is valid till oct 15th this year. Company B has just filed for my H1B transfer and it is approved. I have three weeks to join company B and I will have to go to India now due to some personal reasons. I will have to go for stamping if I go to India and i have not yet joined company B. Upon my return to USA I'm planning to leave company A and start working for company B. Please let me know if i could go for stamping to India on company B's offer letter and joining date without any Paystubs...? Is it advisable to do so? I guess you can go for stamping. If this is not possible how people in india attend interviews for their first H1 without paystubs?
peedarp Posted February 5, 2013 Author Report Posted February 5, 2013 Thanks, Rahul. My concern is since I'm already on H1 with company A and it is also valid till I come back to USA and have payroll with them by the time I go to stamping in India, would that be a problem if I plan to go for stamping on company B? And upon my return I will have to work for company A for a week(notice period) and leave them to join company B. Please let me know.
rahul412 Posted February 5, 2013 Report Posted February 5, 2013 Thanks, Rahul. My concern is since I'm already on H1 with company A and it is also valid till I come back to USA and have payroll with them by the time I go to stamping in India, would that be a problem if I plan to go for stamping on company B? And upon my return I will have to work for company A for a week(notice period) and leave them to join company B. Please let me know. I understand you situation.But I don't know how to deal at this situation maybe you need some experts advice on this.
binoca82 Posted February 5, 2013 Report Posted February 5, 2013 You cannot simply switch companies like that. If you work for A after returning to US, you must shows A's petition at POE. Then to join B an H1 transfer must be processed again.
wiweq Posted February 5, 2013 Report Posted February 5, 2013 Take B's I797 at visa stamping and POE. Pay stubs are just used to verify your legal status during your last stay in USA. Because you are maintaining your current H1b status with A; you need to show A's paystubs to VO. This will make sure that you maintain your legal H1b status by getting paid regularly. @rahul412, if someone goes for H1b stamping first time and never been to USA, no paystubs are needed to show, otherwise any documents may be asked to verify beneficiary's last stay in USA. E.g. If the last stay was on F1, they ask for I20.
Attorney_25 Posted February 5, 2013 Report Posted February 5, 2013 Be sure that if you apply on A's petition, that you actually join A when you enter the US. The consulate may look into the fact that you now have a petition approved from B, and investigate whether the job from A is still available. You are not required to join B immediately upon approval, especially where you show you were still working for A. I am not giving an opinion here as to which petition you should use to apply for the visa. If you would like a more detailed investigation of your various options, please consult a qualified attorney.
Avvi Posted February 5, 2013 Report Posted February 5, 2013 I am in the same exact situation and was thinking of two options 1. Go now on company A (current employer) and get the visa stamped. Once I come back join company B 2. Join company B and after running few pay stubs go India and get my Visa stamped. The only concern in option 1 is, as there is another H1 approved on my name will it create a problem during the visa interview. Let me know what you decide
rahul412 Posted February 6, 2013 Report Posted February 6, 2013 @rahul412, if someone goes for H1b stamping first time and never been to USA, no paystubs are needed to show, otherwise any documents may be asked to verify beneficiary's last stay in USA. E.g. If the last stay was on F1, they ask for I20. Yes, but OP has latest paystubs so no need to worry about it. But he was concerned about the company 'B' pay stub since he didn't start working with 'B' and was attending for interview with B's 797.
wiweq Posted February 6, 2013 Report Posted February 6, 2013 "But he was concerned about the company 'B' pay stub since he didn't start working with 'B' and was attending for interview with B's 797. " => Becuase he hasn't started working for B, no need to show paystubs of B.
Attorney_25 Posted February 6, 2013 Report Posted February 6, 2013 "But he was concerned about the company 'B' pay stub since he didn't start working with 'B' and was attending for interview with B's 797. " => Becuase he hasn't started working for B, no need to show paystubs of B. This is a generally correct conclusion from my post above
peedarp Posted February 6, 2013 Author Report Posted February 6, 2013 Thanks, all for your inputs. Per your comments, I believe I should be going on B's 797 for stamping and show it at POE on my return and give a week of notice to A (upon my return to US) and join B. Please let me know if that is incorrect.
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